IHK 


CHARTER 


OF  THE 


CITY  OF  ST.  PAUL 


PUBLISHED   BY  AUTHORITY  OF  THE  COMMON   COUNCIL 


REVIEW    PUMI.ISH7NG    Cf). 
ST.  PAUI..  MINN. 


M' 


!^ 


^ 


IS 
AS 


CHARTER 


CITY    OF    ST.   PAUL 

AS  ADOPTED  IN  1900 
AND  AMENDED   IN   1904-1906-1908-1910-1912. 


CHAPTER  I. 
Nam 2  and  City  and  Ward   Boundaries. 


'^  1.     Corporate    name — Powers — Limitations. — Section    1.     All    the    district 

^  of  country  in  the  County  of  Ramsey  and  State  of  -Minnesota  contained  within 

<>j  the  limits  and  boundaries  hereinafter  described  shall  be,  a  city  by  the  name  of 

I  Saint  Paul  and   the  people  now  inhabiting,  and  those  who   shall   hereafter  in- 

xs  habit,   within    the    district    of   country   herein    described    shall    be   a   municipal 

corporation  by  the  name  of  the  "City  of  Saint  Paul,"  and  by  that  name  shall 
sue  and  be  sued;  complain  and  defend  in  any  court;  make  and  use  a  common 
I  j^         seal  and  alter  it  at  pleasure;  and   take,  hold  and  purchase,  lease  and   convey 
.Vp'         such   real   and  personal   or   mixed   estate   as   the   purposes   of  the   corporation 
xS  may  require,  within  or  without  the  limits  aforesaid;   shall  be   capable  of  con- 

tracting and  being  contracted  with;  and  in  addition  to  the  powers  hereinbe- 
fore enumerated  shall  also  possess  the  powers  hereinafter  specifically  grant- 
ed; and  in  addition  thereto  shall  have  such  powers  possessed  by  municipal 
corporations  at  common  law  as  are  not  in  conflict  therewith  or  with  the 
general  statutes  of  the  State  of  ^Minnesota,  and  the  authorities  thereof  shall 
liavc  perpetual  succession. 

2.  City  boundaries. — Sec.  2.  Tlie  district  of  countr}-  aforesaid,  constitut- 
ing the  "City  of  Saint  Paul  "'  and  the  said  limits  and  hmnidaries  thereof  shall 
be  as  follows: 

Beginning  at  the  northeast  corner  of  section  twenty-three,  township 
twenty-nine  north,  range  twenty-two  west  (Sec.  23,  T.  2!)  X..  R.  22  VV.)  of  the 
Fourth  Principal  Meridian,  thence  west  seven  and  cnie-half  ("><)  miles  to 
the  northwest  corner  of  the  northeast  quarter  of  section  twenty-two.  town- 
ship twenty-nine  north,  range  twenty-three  west  (N.  E.  'A  Sec.  22,  T.  29  N., 
R.  2.3  W.) :  thence  soutli  one-quarter  (]4)  mile  to  the  northeast  corner  of  the 
southeast  quarter  of  the  northwest  quarter  of  section  twenty-two  (S.  E.  54 
N.  W.  yi  Sec.  22);  thence  west  one-half  (J4)  mile  to  the  northwest  corner  of 
the  southwest  quarter  of  the  northwest  ciuarter  of  said  section  twenty-two  (S. 
W.  yi  N.  W.  14  Sec.  22);  thence  south  three-quarters  (}i)  mUe  to  the  north- 
west corner  of  section  twenty-seven  (27);  thence  west  one  (1)  mile  to  the 
northeast    corner    of    section    twenty-nine    (20);    thence    north    three-quarters 


232034 


6  CHARTER  OF  CITY  OF  ST.  PAUL. 

(•34)  mile  to  the  northeast  corner  of  the  southeast  quarter  of  the  northeast 
quarter  of  section  twenty  (S.  E.  54  N.  E.  34  Sec.  20);  thence  west  one  (1) 
mile  to  the  northwest  corner  of  the  southwest  quarter  of  the  northwest  quar- 
ter of  said  section  twenty  (S.  W.  ^  N.  W.  14  Sec.  20);  thense  south  about 
two  and  one-half  (2^)  miles  along  the  township  line  to  the  center  of  the 
westerly  channel  of  the  Mississippi  river;  thence  southerly  along  said  chan- 
nel to  the  west  of  all  islands  on  this  course,  about  three  (3)  miles,  to  the " 
mouth  of  Minnehaha  creek;  thence  easterly  along  the  center  of  said  river 
channel  and  south  of  Pike's  island  to  the  easterly  end  thereof;  thence  north- 
easterly along-  the  middle  of  the  main  channel  of  the  Mississippi  river  about 
two  (2)  miles  to  the  north  line  of  section  fourteen,  township  twenty-eight 
north,  range  twenty-three  west  (Sec.  14,  T.  28,  N.,  R.  23  W.);  thence  east 
about  one  and  five-eighths  (iH)  miles  to  the  southeast  corner  of  the  south- 
west quarter  of  section  seven,  township  twenty-eight  north,  range  twenty- 
two  west  (S'.  W.  H  Sec.  7,  T.  28,  N.,  R.  22  W.);  thence  north  one-quarter  (%) 
mile  to  the  southeast  corner  of  the  northeast  quarter  of  the  southwest  quar- 
ter of  section  seven  (N.  E.  ^4  S.  W.  ]4  Sec.  7);  thence  east  one-quarter  (%) 
mile  to  the  southwest  corner  of  the  northeast  quarter  of  the  southeast  quar- 
ter of  said  section  seven  (N.  E.  ^  S.  E.  ^  Sec.  7);  thence  south  one-quarter 
(%)  mile  to  the  southwest  corner  of  the  southeast  quarter  of  the  southeast 
quarter  of  said  section  seven  (S.  E.  }i  S.  E.  %  Sec.  7);  thence  east  about  two 
(2)  miles  to  the  middle  of  the  main  channel  of  the  Mississippi  river  thence 
southeasterly  about  two  and  one-half  (2]/i)  miles  along  the  middle  of  said 
channel  to  the  south  line  of  said  section  twenty-three,  township  twenty- 
eight  north,  range  twenty-two  west  (Sec.  23.  T.  28  N.,  R.  22  W.);  thence  east 
about  three-quarters  (^)  mile  to  the  southeast  corner  of  said  section  twenty- 
three    (23)   thence   north   seven   (7)   miles  to   the   point  of  beginning. 


ClIAR'ri'.K  OI"  CI'l'Y  OF  ST.  PAUL. 


ADOPTED   MAY,   1912. 


To  Amend  the  Charter  of  the  City  of  ^^^   Paul  as  Adopted  in  A.   D. 
iJOO,   and  Amended  in   1904,  1906,    1908    and    1910. 

The  charter  of  the  City  of  St.  Paul  as  certified  by  the  Board  of  Free- 
holders to  Honorable  .Viidrew  R.  Kiefer,  Mayor  of  the  City  of  St.  Paul,  on 
the  Uth  day  of  April,  A.  D.  I'JOO  and  as  adopted  in  said  year  I'JOO  and  as 
amended  in  the  years  1904,  i'JOC,  1<J08  and  1910,  is  hereby  amended  by  striking 
out  all  that  portion  of  said  charter  following,  succeeding  or  subsequent  to 
the  last  line  of  section  2  of  said  charter,  and  by  striking  out  all  amendments 
heretofore  adopted  and  substituting  for  the  stricken  pcMtion  of  said  charter 
and  amendments  the  following,  to-\vit: 

Ward  Boundaries — Council  carmot  change. — Sec.  3.  The  said  City  of 
Saint  Paul  shall  be  and  is  hereby  divided  into  twelve  (12)  wards,  to  be  called 
ihe  First  (Ist),  Second  (,2nd),  Third  (3rdj,  Fourth  (4th),  Fifth  (5th),  Sixth 
(fith),  Seventh  (7th),  Eighth  (,8th),  Ninth  (9th),  Tenth  (lOth),  Eleventh 
(,11th),  ami  Twelfth  (,12th)  wards,  respectively,  limited  and  bounded  as  fol- 
lows: 

Al!  that  portion  of  said  city  lying  to  the  eastward  of  the  St.  Paul  & 
Duluth  railroad  track,  from  the  northern  boundary  of  the  city  to  the  inter- 
section of  said  track  with  Brook  street,  and  east  of  the  center  line  of  Brook 
street  and  Brook  street  extended  from  such  point  of  intersection  to  the 
Mississippi  river  and  east  of  the  Mississippi  river  from  said  Brook  street 
produced  to  the  south  boundary  line  of  the  city,  shall  be  the  Second  (2nd) 
ward. 

All  that  portion  of  said  city  lying  south  of  the  center  line  of  the  Alis- 
sissippi  river  shall  be  the  Sixth   (6th)  ward. 

The  Twelfth  (,12)  ward  shall  be  bounded  as  follows:  Commencing  at 
the  northeast  corner  of  Section  numbered  twenty-two  (22)  in  Township 
numbered  twenty-nine  (29),  Range  twenty-three  (23);  thence  running  south 
to  the  center  line  of  Carroll  street;  thence  east  on  the  center  line  of  Carroll 
street  to  the  center  line  of  Dale  .street;  thence  north  on  the  center  line  of 
Dale  street  to  the  northerly  boundary  line  of  said  city;  thence  west  on  the 
northern  boundary  line   of  the  city  to   the  place  of  beginning. 

The  Eighth  (8th)  ward  shall  be  bounded  as  follows:  Commencing  where 
the  center  line  of  Dale  street  intersects  the  north  boundary  line  of  the  city; 
thence  southerly  along  the  center  line  of  Dale  street  to  the  center  line  of 
Carroll  street,  thence  east  along  the  center  line  of  Carroll  street  to  the  center 
line  of  Farrington  avenue;  thence  south  on  the  center  line  of  Farrington 
avenue  to  the  center  line  of  Marshall  avenue;  thence  east  on  the  center  line 
of  Marshall  avenue  to  the  center  line  of  Louis  street;  thence  south  on  the 
center  line  of  Louis  street  to  the  center  line  of  Nelson  avenue;  thence  east 
on  the  center  line  of  Nelson  avenue  to  the  center  line  of  Summit  avenue; 
thence  northeasterly  on  the  center  line  of  Summit  avenue  to  the  center  line 
of  Rice  street;  thence  northerly  along  the  center  line  of  Rice  street  to  the 
northern  boundary  of  the  city;  thence  west  along  the  northern  boundary  line 
of  the  city  to  the  place  of  beginning. 

The  Seventh  (7th)  ward  shall  be  bounded  as  follows:  Commencing  at 
a  point  of  intersection  of  center  line  of  West  Third  street  with  center  line 
of  College  avenue;  thence  southwesterly  through  the  center^of  Blocks  nurri- 
bered  respectively  sixty-four  (64)  and  seventy  (70)  of  Dayton  &  Irvine'.s  Addi- 
tion, to  the  center  line  of  Irvine  avenue  at  its  point  of  intersection  with  center 
line  of  Walnut  street;  thence  southwesterly  along  center  line  of  Irvine  ave- 
nue to  the  center  line  of  Western  avenue;  thence  south  along  the  center  line 
of  Western  avenue  to  center  line  of  Pleasant  avenue;  thence  southwesterly 
along  center  line  of  Pleasant  avenue  to  the  center  line  of  St.  Clair  street; 
thence  west  along  the  center  line  of  St.  Clair  street  and  St.  Clair  street 
extended,  in  a  straight  line  to  the  southwest  corner  of  the  Southwest  quarter 


8  CHARTER  OF  CITY  OF  ST.  PAUL. 

(14)  of  Section  three  (3),  in  Township  numbered  twenty-eight  (28),  Range 
twenty-three  (23);  thence  north  in  a  straight  line  to  the  center  line  of  Mar- 
shall avenue;  thence  easterly  along  center  line  of  Marshall  avenue  to  center 
line  of  Lexington  avenue;  thence  north  along  center  line  of  Lexington  ave- 
nue to  center  line  of  Carroll  street;  thence  easterly  along  southern  boundaries 
of  the  Twelfth  (12th)  ward  and  of  the  Eighth  (8th)  ward,  as  herein  described, 
to  center  line  of  Summit  avenue,  thence  southwesterly  along  center  line  of 
Summit  avenue  to  center  line  of  West  Third  street;  thence  southeasterly 
aiong  center  line  of  West  Third  street  to  place  of  beginning. 

The  Fifth  (5th)  ward  .shall  be  bounded  on  the  east  by  the  following  line: 
Commencing  at  the  intersection  of  the  center  line  of  West  Third  street  with 
the  center  line  of  College  avenue;  thence  southeasterlj^  along  center  line  of 
West  Third  street  to  center  line  of  Eagle  street;  thence  southeasterly  along 
center  line  of  Eagle  street  to  the  Mississippi  river;  on  the  north  by  the 
Seventh  (7th)  ward;  on  the  south  by  the  Mis^sissippi  river;  and  on  the  west 
by  a  line  commencing  at  the  southwest  corner  of  Seventh  (7th)  ward,  as 
herein  described,  and   running  thence  south  to  the   Mississippi  river. 

The  Ninth  (9th)  ward  shall  be  bounded  a.s  follows:  On  the  north  by  the 
northern  boundary  of  the  city;  on  the  east  by  the  center  line  of  Mississippi 
street  and  Mississippi  street  extended  in  a  straight  line  to  the  northern 
boundary  of  the  city.  On  the  west  by  the  center  line  of  Rice  street,  and  on 
the  south  by  a  line  which  commences  at  a  point  of  intersection  of  center 
line  of  Rice  street  with  center  line  of  Summit  avenue,  and  runs  thence 
northeast erljf  along  .said  center  line  of  Summit  avenue  to  the  center  line  of 
Wabasha  street;  thence  northeasterly  along  center  line  of  Wabasha  street  to 
center  line  of  East  Summit  avenue;  thence  northeasterly  along  said  center  line 
of  East  Summit  avenue  to  center  line  of  Robert  street;  thence  northeasterly 
along  said  center  line* of  Robert  street  to  center  line  of  Thirteenth  (13th) 
street;  thence  northeasterly  aiong  said  center  line  of  Thirteenth  streei:  to 
center  line  of  Jackson  street;  thence  southeasterly  along  said  center  line  of 
Jackson  street  to  center  line  of  Grove  street;  thence  easterly  along  said  cen- 
ter line  of  Grove  street  to  its  point  of  intersection  with  the  center  lines  of 
Broadway  and  ]\Iississippi  streets. 

The  Fourth  (4th)  ward  shall  be  bounded  as  follows:  On  the  east  by  the 
center  line  of  Jackson  street;  on  the  north  by  the  Eighth  (Sth)  and  Ninth 
(9th)  wards;  on  the  west  by  Seventh  (7th)  and  Fifth  (Sth)  wards,  and  on  the 
south  by  the  Mississippi  river. 

The  First  (1st)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
northern  boundary  of  the  city;  on  the  east  by  the  Second  (2nd)  ward;  on  the 
west  by  the  Ninth  (9th)  ward,  and  on  the  south  by  the  center  line  of  Grove 
street. 

The  Third  (3rd)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
First  (1st)  ward  and  Ninth  (9th)  ward;  on  the  east  by  the  Second  (2nd) 
ward;  on  the  south  by  the  Mississippi  river,  and  on  the  west  bj'  the  center 
line  of  Jackson  street. 

The  Tenth  (10th)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lining  west  of  the  Twelfth  ward,  as  herein  described,  and  north  of  the  center 
hne    of    University    avenue. 

The  Eleventh  (11th)  ward  shall  be  all  that  portion  of  the  City  of  St. 
Paul  lying  west  of  the  Fifth  (5th),  Seventh  (7th)  and  Twelfth  (12th)  wards, 
as  herein  described,  and  south  of  the  center  line  of  University  avenue. 

The  Common  Council  shall  not  liave  authority  to  change  the  boundary 
lines   of  said   wards,  but   may   prescribe   election   districts   therein. 


LMIARTl'.R  OI'  crrV  ()]■  ST.  I'AUL.  'J 

CHAPTER   II. 

Municipal  Elections. 

When  held. — Sec.  4.  A  general  municipal  election  shall  be  held  in  the 
City  of  St.  Paul  in  the  year  1914  on  the  first  Tuesday  in  May  and  biennially 
thereafter. 

Officers  elected — Term. — Sec.  5.  At  each  general  municipal  election  there 
;hall  be  elected  a  mayor,  a  comptroller,  and  six  councilmen,  and  the  term 
of  office  of  each  of  such  officers  shall  be  two  years  beginning  with  the  first 
Tuesday  in  June  next  following  their  election,  and  until  their  respective  •suc- 
cessors sliall  have  been  elected  and  qualified. 

Special  law  officers. — Sec.  fi.  All  other  officers  whose  office  is  or  may  be 
created  by  special  law,  and  whose  election  is  therein  provided  for  to  be  held 
at  general  municipal  elections  shall  be  nominated  and  elected  in  such  manner 
and  at  such  time  as  is  by  this  charter  provided,  but  no  other  provisions  of 
this  charter  shall  apply  to  such  office  or  officer. 

Election  districts. — Sec.  7.  Election  districts  shall  be  formed  within  the 
respective  wards  by  the  common  council  pursuant  to  and  in  conformity  with 
the  laws  of  the  state. 

General  laws  applicable. — ^Sec.  8.  Except  as  hereinafter  otherwise  pro- 
vided, all  general  law.s  of  the  State  of  Minnesota  relating  to  elections  and  the 
preliminaries  thereto,  shall,  insofar  as  practicable,  apply  to  and  govern  all 
general  and  special  elections  under  this  charter,  the  same  as  if  herein  specific- 
ally   re-enacted. 

Canvass. — Sec.  9.  On  the  Thursday  next  succeeding  any  election  under 
this  charter,  the  common  council  shall  meet  and  proceed  to  canvass  the 
returns  thereof  and  declare  the  result  as  it  appears  from  such  returns,  and 
the  city  clerk  shall  forthwith  give  notice  to  the  officers  elected  of  their  re- 
spective   elections. 

Nominations. — Sec.  10.  The  mode  of  nominating  all  elective  officers  of 
the  City  of  St.  Paul  to  be  voted  for  at  any  city  election  shall  be  as  follows 
and  not  otherwise: 

Condition  of  candidacy. — Sec.  11.  The  name  of  the  candidate  shall  be 
printed  upon  the  primary  ballot  when  a  petition  of  presentation  shall  have 
been  filed  in  his  behalf  in  the  manner  and  form  and  under  the  conditions  here- 
inafter set  forth. 

Form  of  presentation  petition. — Sec.  12.  The  petition  of  presentation  for 
any  office  shall  consist  of  not  less  than  fifty  individual  certificates,  the  blank 
forms  of  which  certificates  the  city  clerk  shall  provide,  and  which  shall  read 

substantially  as  follows: 

PETITION   OF   PRESENTATION. 

STATE  OF  MINNESOT.\,  1 

County  of  Ramsev,  r^^-  " 

City   of   St.   Paul,  ) 

Individual    Certificate. 

Voting  District  No.  ,  Ward  No.  


I the  undersigned,  being  first  duly  sworn,  depose 

and  say  that  I  do  hereby  join  in  a  Petition  of  Presentation  of  

whose  residence'  is  ,  St.  Paul,  for  the  office  of 


10  CHARTER  OF  CITY  OF  ST.  PAUL. 

to  be  voted  for  at  the  city  election  to  be  held  in  the  City  of  St.  Paul  on  the 

day  of   ,  19...,  and  I   further  certify  that  I  am  a 

qualified  elector  of  such  city  and  that  I  have  not  signed  any  other  petition 
presenting  any  other  candidate  for  the  above  named  office,  e?;cept  where  there 
is  more  than  one  office  to  be  filled,  and  that  in  such  case  I  have  not  signed 
more  petitions  than  there  are  offices  or  places  to  be  filled  in  the  above  named 
office;  that  my  residence  is  at  No ,  St.  Paul,  and  that  my  occupa- 
tion is   and  my  place  of  business  is  at  

(Signed) 

Subscribed  and  sworn  to  before  me  this   day  of , 

19   .  . 


City  Clerk  (or  deputy.) 

The    petition    of    presentation    of    which    this    certificate    forms    a    part    if 

found  insufficient,  shall  be  returned  to   ,  No , 

St.    Paul,  Minn. 

Requirement  of  certificate. — Sec.  13.  Each  certificate  shall  be  a  separate 
I-aper,  of  uniform  size,  contain  the  name  of  but  one  signer,  the  name  of  but 
one  candidate  and  no  more,  shall  in  no  way  disclose  the  political  party 
affiliations  of  either  the  candidate  or  signer,  and  shall  contain  the  name  and 
nddres-s  of  the  person  to  whom  the  same  shall  be  returned  in  the  event  of 
the  petition  having  been  found  insufficient.  Each  signer  shall  be  a  qualified 
elector  of  such  city,  resident  therein  for  a  period  of  thirty-  (30)  days  prior  to 
ihe  signing  of  such  certificate,  shall  not  have  signed  any  other  certificate  for 
iiny  other  candidate  for  the  same  office,  except  where  there  are  several  places 
or  offices  of  the  same  nature  to  be  filled  and  shall  not  have  signed  more  cer- 
tificates for  such  offices  than  there  are  placets  or  offices  to  be  filled,  and  shall 
verify  his  certificate  before  the  city  clerk  or  his  deputy. 

Presentation  and  examination  of  petition. — Sec.  14.  A  petition  of  pre- 
sentation shall  be  presented  to  the  cit\-  clerk  not  less  than  thirty  (30)  days 
before  any  primary  election,  and  the  clerk  shall  endorse  thereon  the  time  ot 
presentation.  Thereafter,  he  shall  forthwith  examine  the  same  and  ascertain 
whether  it  conforms  to  the  provisions  of  this  charter.  If  found  not  so  to 
conform,  he  shall  then  and  there  in  writing  which  he  shall  attach  to  said 
petition  fully  designate  the  defect  or  reason  why  such  petition  cannot  be  filed, 
and  shall  forthwith  return  such  petition  to  the  person  therein  named  to  re- 
ceive the  same.  The  petition  may  then  be  amended  and  again  presented  to 
the  city  clerk  as  in  the  first  instance  The  clerk  shall  thereupon  forthwith 
proceed  to  examine  the  amended  petition  as  hereinbefore  provided. 

Withdrawal  of  signature. — Sec.  15.  Any  signer  to  a  certificate  of  pre- 
•sentation  maj'  withdraw  his  name  from  the  same  by  filing  with  the  city  clerk 
a  verified  revocation  of  his  signature  not  later  than  three  days  before  the  last 
day  for  filing  said  petition,  and  thereafter  he  may  sign  a  petition  for  another 
candidate  for  the  same  office,  provided  that  no  signer  of  a  presentation  petition 
may  be  permitted  to  withdraw  his  name  after  the  candidate  named  therein 
has  filed  his  acceptance. 

Acceptance  or  withdrawal  of  candidacy. — Sec.  16.  Any  person  presented 
as  a  candidate  shall,  not  later  than  twent^'-one  (21)  days  before  the  primary 
election  for  which  he  is  presented,  file  with  the  city  clerk,  in  writing,  his 
acceptance  of  such  presentation,  otherwise  he  shall  be  deemed  to  have  with- 
drawn such  candidacy.  Said  acceptance  must  designate  the  office  for  which 
he  is  a  candidate,  refer  to  the  petition  by  the  names  of  some  of  the  signers 
thereof,  the  date  of  the  presentation  of  such  petition  and  shall  be  signed  by 
the  candidate  and  have  his  address  added  thereto.  It  may  contain  a  state- 
ment not  to  exceed  fifty  words  of  his  principles  or  policies  for  the  office  for 
which  he  i'S  a  candidate,  but  shall  in  no  way  disclose  his  political  partj'  affilia- 
tions. 

Filing  of  petition. — Sec.  IT.  When  either  the  original  or  the  amended 
petition   of  presentation  is   found   sufficient  and   the   candidate   presented   has 


CHARTER  Ol-  CITY  OF  ST.  I> AUL.  11 

filed  his  acceptance  as  hereinbefore  provided,  the  city  clerk  shall  file  such 
petition  not  later  than  twenty  (20)  days  before  such  primary  election.  No 
petition  of  presentation,  after  the  filing  thereof,  shall  be  withdrawn,  added  to, 
nor  any  signature  thereon  be  revoked.  Defective  petitions,  or  petitions  where 
no  acceptance  has  been  filed,  remaining  in  the  hands  of  the  clerk  after  the 
time  for  filing  has  expired,  shall  be  marked  by  him,  "rejected." 

Preservation  of  petition. — Sec.  IS.  The  city  clerk  shall  preserve,  for  a 
period  of  two  years,  ail  petitions  of  presentation  and  all  certificates  belonging 
thereto,  and  after  the  general  election,  he  shall  record,  in  a  special  book  there- 
for, all  acceptances  of  persons  elected  to  oflfice. 

Election  proclamation. — Sec.  10.  Not  later  than  twenty  (20)  days  before 
such  election,  the  c'ty  clerk  shall  enter  the  names  of  the  candidates  in  a  list, 
certify-  the  same  to  the  common  council  and  the  said  council  shall  forthwith 
cause  said  certified  list  and  the  offices  to  be  filled,  designating  whether  for 
a  full  or  unexpired  term,  to  be  published  together  with  a  proclamation  calling 
such   election,   at   least   twice  in   the  official   paper   of  said   city. 

Form  of  ballot. — Sec.  20.  The  city  clerk  shall  cause  the  ballots  for  all 
elections  to  be  prepared  and  printed  as  by  law  and  this  charter  provided,  but 
no  such  ballot,  or  sample  ballot  whether  for  use  in  primary,  general  or  special 
municipal  election,  shall  contain  any  party  designation  or  marks. 

General  election  candidates. — Sec.  21.  The  two  candidate.s  for  mayor,  and 
the  two  candidates  for  comptroller  receiving  the  highest  and  the  next  highest 
number  of  votes  in  said  primary  election  for  the  respective  offices  for  which 
they  are  candidates:  and  the  twelve  candidates  for  the  council  receiving  the 
highest  twelve  numbers  of  votes  for  nominations  thereto,  shall  be  declared  the 
nominees  and  the  only  nominees  for  their  respective  offices  at  the  next  en- 
suing city  election,  and  their  names  and  only  their  names  shall  be  printed 
as  such  candidates  on  the  official  ballots  at  said  election. 

Election  informalities. — Sec.  22.  No  informalities  in  conducting  any  mu- 
nicipal election  shall  invalidate  the  same,  provided  it  has  been  conducted' fairly 
and  in  substantial  compliance  with  law  and  the  provisions  of  this  charter. 

Election  regulations.— Sec.  23.  The  city  clerk,  at  least  fifteen  (15)  days 
before  the  holding  of  any  municipal  election,  shall  give  public  notice  of  the 
time  and  p)ace  of  the  holding  of  .such  election  and  the  hours  during  which  the 
polls  will  be  open  by  posting  in  three  public  places  in  every  election  district 
a  notice,  each  notice  containing  a  list  of  the  offices  to  be  filled  at  such  elec- 
tion. One  of  such  notices  shall  be  posted  at  the  place  of  holding  the  election. 
No  failure  of  the  city  clerk  to  give  or  post  such  notice  shall  invalidate  an 
election. 

Special  elections. — Sec.  24.  The  council  may,  by  resolution  adopted  by 
an  affirmative  vote  of  all  the  members  thereof,  order  a  special  election  and 
provide  for  the  holding  the  same.  The  purpose  of  such  .special  election  shall 
be  clearly  stated  in  such  resolution,  and  no  other  matter  shall  be  submitted 
thereat  except  as  in  this  charter  otherwise  provided. 

Plurality  vote— Tie  vote. — Sec.  25.  In  all  municipal  elections  a  plurality 
of  votes  shall  constitute  an  election  When  in  any  election  two  or  more  per- 
sons shall  receive  an  equal  number  of  votes  for  the  same  office,  the  election 
shall  be  'determined  by  the  ca.sting  of  lots  in  the  presence  of  the  council  at 
such  time  and  in  such  manner  as  it  shall  direct. 

New  election.— Sec.  2G.  Should  there  be  a  failure  to  elect  any  officer 
elected  by  the  people  on  the  day  designated,  the  council  shall  order  a  special 
election  to  be  held  in  accordance  with  the  provisions  of  this  charter. 

Vacancies. — Sec.  27.  Whenever  a  vacancy  shall  occur  in  the  office  of  any 
officer  elected  by  the  people  such  vacancy  shall  be  filled  by  election  by  the 


33  CHARTER  OF  CITY  OF  ST.  PAUL. 

council,  and   the   officer   thus   elected   .shall   hold   office   until   the   next  general 
municipal   election. 

Any  officer  removing  from  the  city,  or  any  officer  who  shall  neglect  or 
refuse  for  ten  days  after  the  beginning  of  his  term,  or  notice  of  his  appoint- 
ment, if  appointed,  to  qualify  and  to  enter  upon  the  discharge  of  the  duties 
of  his  office,  shall  be  deemed  to  have  vacated  his  office,  and  the  council  shall 
proceed  to  fill  the  vacancy  as  herein  prescribed. 

Removal  from  office. — Sec.  28.  Every  person  appointed  to  any  office  by 
the  mayor,  or  the  council  or  elected  to  office  by  the  people,  may  be  removed 
from  such  office  by  the  council  by  a  five-sevenths  affirmative  vote  of  all  the 
members  elected.  But  no  officer  elected  by  the  people  shall  be  removed 
except  for  cause  nor  until  such  person  shall  have  had  a  reasonable  oppor- 
tunity to  be  heard  in  his  defense.  The  council  shall  have  the  power  to  fix 
the  time  and  place  of  the  trial  of  such  officer,  of  which  not  less  than  ten 
(10)  days  notice  shall  be  given,  and  to  compel  the  attendance  of  witnesses 
and  the  production  of  papers  at  such  trial,  and  to  hear  testimony  and  oath  to 
determine  the  case  If  such  officer  shall  neglect  to  appear  and  answer  such 
charges  the  council,  by  the  vote  aforesaid,  may  declare  the  office  vacant.  In 
such  cases,  the  council  shall  act  by  written  resolution  only,  and  said  re^solution 
shall  contain  a  summary  of  the  charges  against  said  officer  and  the  reasons 
for   his   removal. 

Sec.  28-a.  There  shall  also  be  elected  at  the  general  city  election  to  be 
held  on  the  first  Tuesday  in  May  in  the  year  1914,  and  at  the  general  city 
election  held  each  four  years  thereafter  two  judges  of  the  municipal  court  of 
said  city.  The  term  of  office  of  said  judges  shall  be  four  years  from  and 
after  the  first  Tuesday  of  June  next  succeeding  their  election,  and  until  their 
respective  successors  shall  have  been  elected  and  qualified.  They  shall  be 
nominated  and  elected  according  to  the  provisions  of  law  applying  thereto. 
There  shall  also  be  nominated  and  elected  according  to  the  provisions  of  law 
such  justices  of  the  peace  and  such  constables  as  are  by  law  provided,  and 
from  districts  and  in  such  manner  as  the  laws  direct. 


CHAPTER    III. 

Recall    Elections. 

Officers  recallable. — Sec.  28- [b].  Any  person  holding  an  elective  municipal 
office,  except  those  created  by  special  .law,  may  be  removed  therefrom  by  re- 
call,  as   hereinafter   provided. 

Per  cent  for  recall. — Sec.  29.  An  election  for  the  recall  of  any  officer 
elected  by  the  people  shall  be  held  whenever  a  petition,  signed  by  qualified 
electors  of  the  city  equal  in  number  not  less  than  twenty-five  (25)  per  cent 
of  the  total  vote  cast  for  the  office  of  mayor  at  the  last  preceding  general 
municipal  election,  demanding  the  removal  of  the  officer  therein  named  shall 
be  filed   with   the   city   clerk. 

Petition,  its  form. — Sec.  30.  Every  recall  petition  shall  state  the  name 
of  the  officer  sought  to  be  recalled,  the  office  which  he  holds,  and  briefly  the 
grounds  for  his  recall.  It  shall  be  addressed  to  the  council  and  may  consist 
of  one  or  several  papers,  but  each  paper  shall  repeat  the  words  of  the  petition 
at  the  head   thereof. 

Signatures. — Sec.  ?>^.  Each  signer  to  such  petition  shall  have  been  a 
qualified  voter  at  the  last  general  election,  municipal  or  otherwise,  and  shall 
write  thereon,  in  ink,  his  name,  the  street  and  number  of  his  residence  at  the 
said  election,  the  ward  and  precinct  in  which  he  voted  at  such  time,  and  the 
street  and  number  of  his  present  residence. 

Each  separate  page  of  the  said  petition  shall  have  appended  thereto  a 
certificate  verified  by  oath,  that  each  signature  was  signed  by  the  person  so  pur- 


CIIAR'J'ER  Ol'"  C\'V\  C)l'  ST.  I'AUL.  13 

porting  to  have  signed  the  same  in  tlic  presence  of  the  person  niakng  such  cer- 
tificate. 

Any  name  appearing  on  the  petition  not  complying  with  the  foregoing 
requirements  shall  be  stricken  therefrom  bj^  the  city  clerk  by  marking  opposite 
the  same,  '\Stricken  by  the  City  Clerk,"  and  no  names  shall  be  counted  which 
"have  not  been  verified  as  hereinbefore  provided. 

Presentation  and  filing  petition. — Sec.  32.  Whenever  any  recall  petition 
shall  be  presented  to  the  city  clerk  for  filing,  he  shall  note  on  each  page 
thereof  the  date  of  presentation,  and  shall  consecutively  number  each  page, 
snd  'Shall  thereafter  forthwith  examine  the  same  as  to  its  sufficiency,  and 
if  so  found  he  shall  forthwith  file  the  same  in  his  office,  notify  the  officer 
sought  to  be  recalled  of  such  fact,  and  present  the  same  to  the  council  at 
its   next   regular   or  special   meeting. 

Amending  petition. — Sec  33.  Whenever  any  recall  petition  shall  be  found 
insufficient  or  defective  by  the  city  clerk,  he  shall  return  the  same  to  the 
person  or  persons  therein  named  to  receive  the  same  together  with  a  state- 
ment in  writing  of  such  defects,  and  the  said  petition  may  be  amended  and 
presented  as  often  as  necessary  until  the  same  be  found  sufficient  and  be  filed. 

Officer's  resignation. — Sec.  34.  Any  officer  recalled  may  resign  from  such 
office  within  five  daj^s  after  the  recall  petition  shall  have  been  filed  by  the 
city  clerk,  and  if  he  shall  not  so  resign  within  the  time  aforesaid  he  shall  be 
deemed  a  candidate  at  the  recall  election  hereinafter  provided,  and  his  name 
•shall  be  placed  on  the  ballot  without  any  further  act  on  his  part. 

Recall  elections. — Sec.  35.  Within  ten  days  after  the  city  clerk  shall  have 
presented  the  recall  petition  by  him  duly  filed  to  the  council,  the  said  body 
shall  order  a  special  election  to  be  held  within  sixty  days  to  determine  whether 
the  officer  sought  to  be  recalled  shall  be  removed  and  his  successor  elected 
at  the  same  time,  provided,  however,  that  in  case  any  general  election  shall 
occur  within  ninety  days  and  not  les.s  than  twenty-one  days  after  the  pre- 
sentation of  such  petition  to  it,  the  council  shall  postpone  such  recall  election 
to  such  time,  and  provide  that  the  question  of  such  removal  be  determined 
at  such  general  election. 

Election  call. — Sec.  36.  In  the  published  call  for  such  election,  there  shall 
be  printed  in  not  to  exceed  two  hundred  (200)  words  the  grounds  for  such 
recall,  and  in  not  to  exceed  the  same  number  of  words,  the  officer  sought 
to  be  recalled  may  justify  his  course  in  office. 

Other  candidates. — Sec.  37.  Other  candidates  for  such  office  may  be  nom- 
inated for  such  office  in  the  same  manner  as  is  by  this  charter  provided  for 
presentations  for  the  primary  election,  except,  however,  that  there  shall  be 
not  less  than  one  hundred  individual  certificates  to  a  petition  of  nomination, 
and  that  the  same  shall  be  presented  to  the  city  clerk  not  later  than  twenty- 
one  (21)  days  prior  to  such  election,  and  shall  be  filed  by  'Said  clerk  not  later 
than  twenty  (20)  days  prior  to  such  election. 

Incumbent  removed. — Sec.  38.  The  officer  sought  to  be  recalled,  shall 
continue  in  office  until  the  canvass  of  the  returns  of  such  recall  election  by 
the  council,  and  if  he  fail  at  such  election  to  receive  the  highest  number  of 
votes,  he  shall  be  deemed  removed  from  office  and  the  candidate  at  such 
election  receiving  the  highest  number  of  votes  shall  be  deemed  his  successor 
in  office  for  the  unexpired  term  thereof.  Such  successful  caiulidate,  except 
the  recalled  officer,  shall  qualify  within  ten  days  thereafter  or  the  said  office 
shall  be  deemed  vacant.  Said  recalled  officer  shall  yield  said  office  on  de- 
mand to  his  successor. 

Registration. — Sec.  39.  All  polling  places  shall  be  open  from  six  (6) 
o'clock  in  the  morning  until  nine  (9)  o'clock  in  the  evening  on  the  day  of 
the  recall  election.  Voting  lists  at  each  recall  election  not  held  in  connection 
with  another  election  shall  be  those  prepared  for  the  last  preceding  election 


\i  CHARTER  OF  CITY  OF  ST.  PAUL. 

ill  the  City  of  St.  Paul,  provided  that  on  the  day  of  the  recall  election  other- 
wise qualified  voters  not  already  registered  on  these  voting  lists,  so  as  to 
entitle  them  to  vote  at  said  election,  shall  be  permitted  to  register  as  at  a 
primar}'  election  and  to  vote,  and  it  i'S  hereby  made  the  duty  of  all  election 
officers  to  provide  for  such  supplementary  registration.  But  for  purposes  of 
such  registration  no  elector  shall  be  questioned  as  to  party  affiliations. 

General  laws  apply. — Sec.  40.  Insofar  as  practicable  all  laws  and  provis- 
ions shall  apply  to  such  recall  election  and  the  preliminaries  thereto,  and 
where  inapplicable  or  impracticable  the  council  shall  by  ordinance  provide 
such  other  and  further  regulation  consistent  herewith  as  maj^  be  necessary 
to  carry  out  the  provisions  of  this  chapter. 

Recall  limitations. — Sec.  41.  No  recall  petition  shall  be  filed  against  any 
ofTicer  until  he  has  been  in  office  for  six  months,  and  none  within  six  months 
of  the   end   of  his   term. 

Penalty  for  removal. — Sec.  42.  No  person  who  has  been  removed  from 
office  by  recall,  or  has  resigned  from  office  after  the  filing  of  a  recall  petition, 
shall  be  appointed  to  any  office  under  this  charter  wnthin  one  year  after  such 
removal    or    resi.gnation. 


CHAPTER    IV. 

Boards  Abolished.  Charter  in  Effect ;  Salaries,  Bonds,  Terms   cf    Of- 
fice, Oath  of  Office,   Notice,  Failure  to  Qualify,  Incapaci- 
tated   PoUce    and    Firemen.     Hours     cf     Labor. 

Sec.  4:>-[aJ.  The  Board  of  School  Inspectors,  the  Board  of  Police,  the 
Public  Workhouse  Board,  the  Board  of  Park  Commissioners,  the  Board  of 
I,-ibrary  Directors,  the  Board  of  Fire  Commissioners,  the  Board  of  Public 
Works,  the  Conference  Committee,  and  the  Auditorium  Board  are  hereby 
abolished  to  date  from  the  time  when  the  city  officers  elected  under  this  char- 
ter to  perform  the  respective  functions  of  these  boards  are  elected  and  have 
qualified,  and  said  abolished  boards  and  the  members  thereof  shall  turn  over 
to  said  city  officers  forthwith  on  demand,  all  books,  records,  property  and  all 
other  articles  and  things  in  their  possC'Ssion  or  under  their  direction,  custody 
or  control,  belonging  to  the  City  of  St.  Paul,  or  any  of  its  departments  or 
officers.  Failure  to  comply  with  this  section  by  anj^  person  shall  constitute 
a  misdemeanor  punishable  by  fine  or  imprisonment,  on  conviction  in  the 
Municipal   Court  or  other   court  of  record  in   Ramsey   county. 

Sec.  43.  In  so  far  as  may  be  practicable  this  amendment  shall  go  into 
effect  January  1,  1914,  and  all  city  elections  taking  place  subsequent  to  that 
date  shall  be  held  under  this  charter.  For  all  purposes  it  shall  take  full  effect 
upon  the  first  ^londay  in  June,  A.  D.  1914,  and  all  officers  elected  under  this 
charter  shall   take   office   on   that   day. 

Sec.  4o-a.  All  contracts  and  obligations  of  whatsoever  kind  or  nature 
entered  into  by  the  City  of  St.  Paul,  or  by  any  person  or  persons  whatever 
in  its  behalf,  and  valid  and  binding  upon  said  city  under  the  charter  in  force 
at  that  time,  shall  be  equally  valid  and  binding  under  this  charter  as  amended. 
.■^11  provisions  of  the  charter  to  which  this  amendment  applies  necessary  to 
supplement  the  amended  charter  until  officers  are  elected,  have  qualified  ana 
been  assigned  their  duties  under  this  atnendment,  shall  have  full  force  and 
effect  until  superceded  in  practice  by  the  city  government  provided  for  in 
this  amendment. 

Terms  of  office  shall  terminate. — Sec.  44.  The  terms  of  office  of  all  offi- 
cers of  the  City  of  St.  Paul  in  office  prior  to  the  first  Monday  in  June,  A.  D. 
.1914,  unless  otherwise  provided  in  this  charter  shall  terminate  upon  said  first 
Monday   in   June,  at  13   o'clock  noon,   but  all   of  said   officers   shall   remain   in 


CM  AR'I'l'R  Ol'  CITN'  Ol'-  S'l".  I' \l'l,.  15 

olTace  until  their  successors  liavc  l)een  elected  or  appointed  under  the  terms 
of  this  charter  and  shall  have  (lualirted.  Any  person  violating  this  .section 
shall  be  guilty  of  a  misdeameanor. 

Salaries. — Sec  45.  The  salaries  of  elective  officers  of  the  City  of  St.  Paul 
shall  be  paid  in  equal  monthly  installments  out  of  a  "City  Officer's'  Salary 
Fund."  which  is  hereby  established,  and  shall  be  as  follows: 

Mayor,  $5,000  per  annum;  Comptroller,  $5,000  per  annum;  Commissioner 
of  Finance,  $4,500  per  annum:  Commissioner  of  Public  Works,  $4,500  per  an- 
num; Commissioner  of  Public  Safety.  $4,500  per  annum;  Commissioner  of 
Education,  $4,500  per  annum;  Commissioner  of  Parks,  Playgrounds  and  Public 
Buildings,  $4,500  per  annum;  Commissioner  of  Public  Utilities.  $4,500;  pro- 
vided that  the  salaries  named  in  this  section  shall  be  full  remuneration  for 
all  ■services  of  said  officers  to  the  City  of  St.  Paul  of  whatever  kind  and  char- 
acter, and  provided  further  that  all  of  said  officers  shall  devote  their  entire 
time  and  energies  to  the  service  of  said  city  The  Corporation  Counsel  shall 
receive  an  annual  salary  of  $5,000;  the  City  Clerk,  $.3,000;  the  Chief  of  Police, 
$4,000;  the  Chief  of  the  Fire  Department.  $4,000;  the  Chief  Health  Officer, 
$4,000;  the  Superintendent  of  Schools.  $5,000;  salaries  or  remuneration  of  all 
ether  officers  and  employees,  not  fixed  in  this  charter,  shall  be  fixed  by  the 
council,  but  no  officer  employed  for  a  fixed  term,  or  serving  continuously  for 
more  than  a  vear  shall  be  paid  a  salarv  in  excess  of  $5,000  a  year. 

Compensation  of  officers  and  employes  not  fixed  by  charter. — Sec.  46. 
The  compensation  of  all  officers  and  eniploj'cs  not  fixed  by  this  charter  or 
by  state  law  shall  be  fixed  by  ordinance  by  the  council,  passed  by  a  four- 
sevenths  affirmative  vote  of  all  members  elected  to  the  council.-  The  council 
shall  have  no  power  to  change  the  compensation  of  any  officer  for  the  term 
for  which  he  was  elected  or  appointed,  nor  within  sixty  dav.s  of  a  municipal 
election.  Such  compensation  shall  be  first  fixed  by  the  council,  first  elected 
u.nder  this  charter  and  shall  take  effect  at  such  time  as  the  ordinance  so 
l^xing    it    shall    provide. 

No  extra  compensation. — Sec.  47.  No  officer  or  emploj'C  shall  receive 
from  the  City  of  St.  Paul,  or  the  County  of  Ramsey,  any  other  or  greater  sum 
than  the  salary  provided  for  in  or  pursuant  to  this  charter  in  anv  manner 
for  -services  performed;  and  such  salaries  shall  be  taken  as  including  com- 
pensation for  all  services  rendered  by  any  of  said  officers  or  employes  in 
any  other  office  or  employment  for  said  city  or  while  acting  in  any  other 
capacity,  or  upon  any  board  or  committee,  and  if  by  the  provisions  of  any 
law  or  ordinance  any  such  officer  .shall  be  or  shall  become  entitled  to  receive 
any  other  compensation  or  fees  such  compensation  or  fees  shall  be  turned 
into  the  city  treasury  and  credited  to  the  general  fund. 

Oath  of  oflEce. — Sec.  48.  Every  person  appointed  to  office  under  this 
charter  except  employes  paid  by  the  day  or  hour,  shall  before  he  enters  upon 
the  duties  of  his  office  take  and  subscribe  an  oath  of  office,  in  the  form  pre- 
scribed by  the  general  statutes  of  this  state,  and  fde  the  same  with  the  comp- 
troller. 

Notice  by  City  Clerk. — Sec.  49.  Every  person  elected  or  appointed  to 
office'  shall  as  soon  after  his  election  or  appointment  as  may  be.  be  notified 
by  the  City  Clerk  of  his  election  or  appointment,  and  as  to  the  requirements 
of  this  charter  respecting  oaths  of  office  and  official  bonds  pertaimng  to  such 
office 

Failure  to  qualify. — v^ec.  50.  Any  person  elected  or  appointed  to  office 
under  this  charter,  who  shall  refu.se.  fail  or  neglect  to  qualify  for  said  office 
within  ten  days  of  this  time  provided  for  in  this  charter,  or  if  no  specific 
time  provided,  shall  fail  to  qualify  within  ten  days,  of  said  notification,  shall 
forfeit  his  office  by  said  failure  and  said  office  shall  be  vacant  from  the  time 
of  said  failure  and  shall  he  filled  in  the  manner  of  filling  vacancies  due  to 
other  causes. 


J 6  CHARTER  OF  CITY  OF  ST.  PAUL. 

Official  Bonds. — Sec.  51.  Each  of  the  following  named  officers  shall  fur- 
nish and  I'lle  as  hereinafter  provided,  a  bond  to  the  City  of  St.  Paul,  for  the 
following   amounts: 

Commissioner  of  Finance,  $200,000;  Comptroller,  $50,000;  Purchasing 
.Agent,  $50,000;  City  Clerk,  $5,000;  Mayor's  Secretary,  $5,000;  Superintendent 
of  the  Auditorium,  $5,000;  Secretary  of  the  Water  Board,  $10,000;  Commis- 
sioner of  Public  Safety,  $10,000;  Commissioner  of  Education,  $10,000;  Com- 
misione'-  of  Public  Works,  $10,000;  Commissioner  of  Parks,  Playgrounds  and 
Public  Buildings,  $10,000;  Commissioner  of  Public  Utilities,  $10,000;  Super- 
intendent of  Parks,  $5,000;  Clerk  of  the  Alunicipal  Court,  $3,000;  First  As- 
sistant Clerk  of  the  Municipal  Court,  $1,000;  Justices  of  the  Peace,  $1,000 
each;   Constables,  $1,000   each. 

Such  bonds  shall  be  drawn  or  approved  as  to  form  by  the  corporation 
counsel,  so  as  to  bind  said  officers  for  the  faithful  performance  of  their  re- 
spective duties  .  The  council  shall  have  power  to  add  any  conditions  it  may 
bee  fit  or  to  increase  any  of  said  bonds  where  thought  necessary,  not  exceeding 
fifty  per  cent,  or  to  require  reasonable  bonds  of  other  officers  or  employes. 
Said  bonds  shall  be  approved  by  the  council  and  filed  with  the  comptroller, 
except  that  the  comptroller's  bond  shall  be  filed  with  the  Commissioner  of 
Finance. 

Any  person  who  refuses  or  neglects  to  furnish  a  bond  as  herein  pro- 
vided shall  thereby  forfeit  his  office. 

The  bond  of  every  officer  shall  be  deemed  to  cover  the  acts  of  his  deputies 
and  subordinates  unless  the  council  shall  provide  that  said  deputies  or  sub- 
ordinates be  bonded  directly  to  the  City  of  St.  Paul.  The  council  may  pro- 
vide that  the  ctiy  shall  pay  the  premium  on  all  .surety  bonds  of  officers  or 
employes  running  to  the  City  of  St.  Paul.  Officers  may  require  for  their  own 
protection   reasonable  bonds  from  deputies  or  subordinates. 

All  official  bonds  to  the  City  of  St.  Paul  not  written  by  surety  companies 
qualified  under  the  laws  of  the  state  to  do  business  in  Minnesota  shall  be 
executed  by  two  sureties,  each  of  whom  must  qualify  under  oath  that  he  is 
the  owner  of  unencumbered  real  estate  of  value  at  least  equal  to  the  amount 
of  said  bond.     All  official  bonds  shall  be  executed  by  the  principal  therein. 

Incapacitated  firemen  or  police  officers. — Sec.  52.  All  firemen  or  police 
officers  injured  in  actual  service  and  thereby  rendered  incpable  of  performing 
his  duty,  shall  receive  full  pay  during  the  period  of  incapacity  not  exceeding 
six  months,  and  if  incapacitated  for  a  further  period,  one-half  pay,  not  exceed- 
ing an  addition [al]  period  of  six  months.  Such  injured  fireman  or  police  officer 
shall  be  entitled  to  reinstatement  at  any  time  within  eighteen  months  from 
the  date  of  injury  or  in  capacity,  if  physically  capable  of  resuming  his  duties. 
In  case  of  disability  through  injury  or  sickness  other  than  as  hereinbefore 
mentioned,  in  case  of  firemen,  such  firemen  shall,  notwithstanding  such 
sickness  or  injury,  receive  his  salary,  less  the  amount  paid  a  .substitute,  if 
any  substitute  is  employed,  for  a  period  not  exceeding  twelve  months,  and 
he  shall  likewise  be  reinstated  within  any  time  within  eighteen  months  from 
the  date  of  such  sickness  or  injury  provided  he  is  physically  capable  of  resum- 
ing his  duties.  Any  temporary  advancement  caused  by  sickness  or  injury 
shall  not  work  an  increase  in  salary  of  the  person  so  advanced,  during  the 
time  of  disability  of  the  person  on  account  of  whose  disability  such  advance- 
ment was  made.  Before  any  payment  shall  be  made  as  aforesaid,  said  dis- 
ability shall  be  certified  to  by  the  city  physician  and  the  police  surgeon  and 
the  person  injured  or  disabled  shall  execute  a  release  discharging  the  City 
of  St.  Paul  from  all  claim  for  damages  on  account  of  said  injury  or  di'Sability. 

Terms  of  office — Hours  of  labor. — Sec.  53.  The  terms  of  office  of  all 
officers  elected  under  this  charter  shall  be  two  years  and  until  their  successors 
are  elected  and  shall  have  qualified,  to  date  from  the  first  Monday  in  June, 
A.  D.  1914,  and  from  the  first  Monday  in  June  of  each  even  numbered  year 
thereafter,  provided  that  all  said  officers  shall  hold  office  .subject  to  removal 
in  the  manner  provided  for  in  this  charter. 

All  persons  in  the  service  of  St.  Paul,  paid  salaries  in  monthly  install- 
ments, and  whose  terms  of  office  have  not  been  specifically  fixed,  shall  hold 


CHARTHR  OF  CITY  OF  ST.  PAUL.  17 

their  places  from  month  to  month  after  appointment  until  removed  under  the 
terms  of  this  charter.  Their  titles  and  general  duties  shall  be  fixed  by  the 
council  from  time  to  time.  Renumeration  of  persons  in  the  employ  of  the 
City  of  St.  Paul  shall  be  uniform  for  like  services  in  all  departments.  In 
all  city  employment,  eight  hours  shall  constitute  a  working  day,  and  except 
in  cases  of  emergency,  of  which  the  executive  head  of  the  department  declar- 
ing the  emergency  shall  be  sole  judge,  no  officer  or  employe  of  the  city, 
except  police  officers  and  hremen,  shall  be  required  to  work  more  than  eight 
hours  a  day.  No  officer  or  employe  of  the  city  .shall  receive  extra  pay  for 
extra  labor  or  work  done  in  an  emergency,  except  by  unanimous  action  of 
all  persons  elected  to  the  city  council,  approved  by  the  mayor  and  comp- 
troller. Whenever  anj'  department  head  shall  declare  an  emergency,  he  shall 
report  at  the  next  succeeding  meeting  of  the  council,  giving  in  detail  the  cir- 
cumstances creating  the  emergency,  and  liis  report  sliall  become  a  public 
record.  Bj^  two-thirds  vote  the  council  may  direct  that  the  work  of  the  de- 
partment proceed  on  a  normal  basis. 


CHAPTER   V. 

Mayor,  qualificaticns,  duties. — Sec.  54.  The  mayor  of  the  City  of  St.  Paul 
shall  be  a  qualilied  elector  of  said  city.  He  .shall  take  care  that  the  ordinances 
of  said  city  and  the  laws  of  the  State  of  ^Minnesota  are  duly  observed  and 
enforced  and  that  all  other  executive  and  administrative  officers  of  the  city 
discharge  their  respective  duties.  He  shall,  from  time  to  time,  give  to  the 
council  such  information  and  shall  recommend  such  mea'Sures  as  he  may  deem 
advantageous  to  the  city. 

To  preside  at  council  meetings. — Sec.  55.  The  mayor  .shall  preside  at  the 
meetings  of  the  council  and  shall  vote  on  all  business  before  that  body,  just 
as  shall  councilmen,  provided  that  when  the  question  before  the  council  is 
sustaining  the  mayor's  veto,  or  passing  any  ordinance  or  resolution  notwith- 
standing the  mayor's  veto,  or  upon  the  removal  from  office  of  any  persons 
on  charges  preferred  by  the  mayor,  then  the  mayor  shall  have  no  vote  thereon. 

Acting  mayor. — Sec.  56.  During  the  absence  of  the  mayor  from  the  city 
and  in  case  of  his  inability  or  failure  to  act  as  mayor  for  any  cause  whatever, 
the  vice-president  of  the  city  council  shall  be  acting  mayor. 

Mayor  to  assign  department  heads. — Sec.  57'.  Immediately  upon  taking 
the  oath  of  office,  it  shall  be  the  duty  of  the  mayor  to  assign  one  member 
of  the  newly  elected  council  as  commissioner  of  public  safety,  one  member 
of  said  council  as  commissioner  of  education,  one  member  of  said  council  as 
commissioner  of  public  works,  one  member  of  said  council  as  commissioner 
of  parks,  playgrounds  and  public  buildings,  one  member  of  said  council  as 
commissioner  of  public  utilities  and  one  member  of  said  council  as  commis- 
sioner   of   finance. 

Mayor  may  re-assign — Sec.  58.  On  the  first  Monday  in  December  next 
after  taking  the  oath  of  office  the  mayor  may  re-assign  at  his  discretion  anj- 
member  of  the  council,  removing  him  from  the  head  of  one  administrative 
department  and  placing  him  at  the  head  of  any  other,  if,  in  the  judgment 
of  the  mayor  the  interests  of  said  city  may  be  served  thereby.  Each  council- 
man shall,  until  the  end  of  the  term  for  which  he  has  been  elected,  continue 
to  occupy  the  position  as  commissioner  which  he  occupies  the  first  Tuesday 
of    said    December. 

Mayor  to  file  charges — Removal. — Sec.  59.  When  in  his  judgment  any 
councilman,  as  councilman,  nr  as  the  head  of  any  administrative  department, 
has  not  conducted  the  business  of  the  city  honestly,  faithfully  and  with  rea- 
sonable skill,  it  shall  be  the  duty  of  the  mayor  to  file  with  the  city  clerk 
charges  against  said  officer,  and  on  the  filing  of  said  charges  with  reasonable 
specifications    as    to    the    concrete    instances    of    dishonesty,    unfaithfulness    or 


18  ■   CHARTER  OF  CITY  OF  ST.  PAUL. 

incompetency  charged,  it  shall  be  the  duty  of  the  council  to  try  publicly 
the  truth  or  falsity  of  such  charges,  and  if  they  be  found  true  and  of  sufficient 
gravity  to  indicate  dishonesty,  unfaithfulness  or  incompetency  on  the  part  of 
the  accused,  the  council  shall  remove  said  accused  from  office.  At  the  trial 
of  said  charges  the  mayor  shall  not  sit  as  presiding  officer  or  as  a  member  of 
the  council,  nor  shall  the  accused  sit  as  a  member,  nor  shall  either  be  per- 
mitted to  vote  on  the  question  of  removal.  Provided,  that  an  affirmative  vote, 
of  two-thirds  of  all  the  members  elected  to  the  council  shall  be  required  to 
remove  any  elective  officer  from  office.  All  charges  and  proceedings  in 
connection  with  such  removal  .shall  be  entered  in  the  journal  of  the  council 
and  become  a  permanent  public  record. 

Removing  non-elective  officers  and  employes. — Sec.  60.  When  in  the 
judgment  of  the  mayor,  any  officer  or  employe  appointed  under  the  pro- 
visions of  this  charter  is  not  performing  his  duties,  honestly,  faithfully  and 
efficiently,  the  mayor  shall  so  notify  the  officer  or  the  body  having  the  power 
of  appointing  said  officer  or  employe,  stating  the  facts  as  specifically  as  may 
be  and  shall  ask  said  appointing  officer  or  body  to  remove  .said  officer  or 
employe.  If  said  officer  so  requested,  refuses  or  neglects  to  act,  then  the 
ma3''or  may  in  his  discretion  remove  said  offending  appointive  officer  or 
employe  by  an  order  in  writing  addressed  to  the  appointing  officer  or  body, 
and  containing  specific  reasons  for  the  removal.  Said  officer,  or  employe  so 
removed  may,  if  he  wishes  it,  have  power  to  reply  to  the  mayor'.s  charges 
and  may  before  so  replying,  demand  a  bill  of  particulars  which  the  mayor 
shall  furnish  as  fully  as  practicable,  and  such  charges,  such  letters  of  removal, 
such  statement  of  particulars  and  such  reply  shall  be  filed  with  the  city 
clerk  as  a  permanent  public  record  of  the  city.  Provided,  however,  that 
the  mayor  shall  not  have  power  to  remove  any  officer  or  employe  appointed 
by    the    comptroller. 

To  examine  securities. — Sec.  Rl.  It  shall  be  the  duty  of  the  mayor  and 
comptroller  at  least  once  in  each  three  months,  to  examine  all  the  securities 
in  the  city  treasury,  belonging  to  the  city,  including  those  securities  held 
for  the  sinking  fund,  and  upon  finding  all  such  securities  properly  on  hand, 
to  make  out  and  file  in  the  office  of  the  comptroller  their  joint  certificates 
to  that  effect,  which  certificate  shall   specify  such  securities  in  detail. 

Committee  on  sinking  fund. — Sec.  62.  The  mayor,  comptroller  and  com- 
missioner of  finance  shall  be  a  committee  on  sinking  fund,  having  control 
thereof  in  the  manner  in  this  charter  provided. 

Mayor  a  member  of  the  Board  of  Equalization. — Sec.  63.  The  mayor 
shall  be  a  member  of  the  Board  of  Equalization. 

Mayor  to  sign  instruments. — Sec.  64.  The  mayor's  signature  shall  be  re- 
quired on  all  deeds,  leases  and  other  instruments  executed  by  the  City  of 
St.  Paul,  for  the  conveyance  of  real  estate  or  any  interest  therein. 

Papers  served  on  mayor. — Sec.  65.  Whenever  any  suit,  action  or  pro- 
ceeding shall  be  brought  against  the  Citj'  of  St.  Paul,  the  summons  or  pro- 
cess shall  be  served  on  the  mayor,  and  it  shall  be  the  duty  of  the  mayor 
forthwith  to  give  written  notice  thereof  to  the  corporation  attorney,  attach- 
ing thereto  the  summons  or  process  so  served. 

The  mayor's  salaiy. — Sec.  66.  The  mayor  of  the  City  of  St.  Paul  shall 
for  his  services  as  mayor,  draw  from  the  city  treasury  the  sum  of  $5,000 
each  year  of  his  term,  payable  in  equal  monthly  installments.  He  shall  have 
power  to  employ  a  secretary  who  shall  be  paid  by  said  city,  $2,000  a  year, 
payable  in  equal  monthly  installments,  and  shall  employ  such  other  clerical 
assistants  as  the  council  shall  by  ordinance  designate  at  his  request,  provided 
that  the  salaries  of  all  persons  regularly  employed  by  said  mayor  as  such 
clerical  assistants  shall  not  exceed  $5,000  in  any  one  calendar  year,  including 
the  salary  of  this  secretary. 


CMAK'l'l-.R  Ol'"  CITY  ()!•  S'l\   I'AL'L.  r.i 

Other  duties  of  the  mayor. — Sec.  67.  The  mayor  shall  exercise  such  other 
lioucrs  and  perform  such  other  duties  as  may  be  prescribed  by  state  law,  by 
this  charter,  or  by  any  ordinance  not  in  conflict  with  the  provisions  [of  tliisj 
charter. 


CHAPTER    VI. 

City  Comptroller. 

Shall  keep  controlling  accounts. — Sec.  G8.  The  comptroller  shall  be  head 
of  the  accounting  department  of  the  City  of  St.  Paul.  He  shall  keep  con- 
trolling accounts  with  every  department  and  bureau  of  the  city  government, 
jnd  with  all  activities  whatever  owned  or  controlled  by  the  City  of  St  Pan! 
■or  in  which  the  City  of  St.  Paul  has  anj'  pecuniary  interests. 

To  prepare  forms. — Sec.  61).  From  time  to  time  the  comptroller  shall  pre- 
pare form.s  of  accounts,  vouchers,  reports,  bills,  orders,  receipts,  checks  and 
other  necessary  forms,  to  be  used  by  the  several  city  departments,  bureaus 
■or  activities  with  which  the  comptroller  keeps  accounts,  in  the  transaction 
of  all  such  parts  of  the  public  business  as  concerns  the  public  finances.  He 
shall  incorporate  'Said  forms  into  ordinances  which  shall  be  considered  and 
passed  by  the  council.  The  comptroller  shall  from  time  to  time  issue  the 
forms  herein  named  to  the  city  departments,  bureaus  and  activities  herein 
named  to  be  used  in  the  parts  of  the  public  business  which  concern  public 
hnances.  The  willful  failure  or  refusal  by  any  city  officer  or  employe  to  use 
r.ny  such  form  in  the  transaction  of  the  business  for  which  the  same  was 
■designed  to  be  used,  shall  be  deemed  willful  misconduct  in  office  on  the  part 
of  such  officer,  and  sufficient  ground  for  his  removal  from  office.  Said  comp- 
troller shall  issue  all  financial  forms  which  shall  be  numbered  consecutively 
for  each  department  for  each  year  so  as  to  be  capable  of  identification,  and 
all  city  officers  to  which  they  are  issued  must  account  for  each  form  delivered 
to  him  at  such  times  as  the  comptroller  may  direct.  All  city  licenses  shall 
be   considered   financial   forms    within   the   meaning  of   this   section. 

Fiscal  year. — Sec  70.  The  fiscal  year  in  all  departments  of  the  citj^  shall 
begin  January  1. 

System  of  accounts. — Sec.  71.  The  comptroller  shall  keep  regular  books 
of  account  in  which  shall  be  entered  all  indebtedness  of  the  city,  and  which 
3.1  all  times  show  the  precise  financial  condition  of  the  city;  the  amount  of 
bonds,  orders  or  other  evidences  of  indebtedness  lawfully  issued;  the  amount 
of  the  same  which  has  been  paid  and  the  amount  of  each  thereof  remaining 
outstanding.  He  shall  countersign  all  bonds  and  other  evidences  of  the  city's 
indebtedness  and  keep  an  extract  account  and  record  of  each  instrument, 
stating  to  whom  and  for  what  purpose  the  same  has  been  issued;  he  shall 
keep  accounts  with  all  the  receiving  and  disbursing  officers  of  the  city,  and 
.all  departments,  bureaus  and  activities  mentioned  in  the  second  .section  of 
this  chapter.  These  accounts  shall  show  the  amount  received  by  them  from 
each  of  the  various  sources  of  revenue  and  the  amount  which  they  have 
■disbursed  under  resolution  or  ordinance  of  the  council,  or  other  legal  man- 
date. The  comptroller  shall  at  all  times  have  access  to  all  reports,  books, 
vouchers  and  accounts  in  each  and  all  of  the  departments,  bureaus  or  activities 
herein  above  mentioned,  and  it  shall  be  his  duty  frequently  to  inspect  the 
same  in  order  to  insure  the  keeping  of  the  same  properly  and  efficiently,  and 
in  the  mode  contemplated  by  the  law  by  this  charter.  The  comptroller  shall 
prescribe  and  issue  with  the  approval  by  ordinance  of  the  council  such  a 
system  of  controlling  accounts,  documents  and  reports  for  his  own  office, 
and  each  department  bureau  or  activity  of  the  city  government  as  shall  most 
€flfectively  keep  a  correct  record  of  the  business  of  the  city.  It  shall  be  the 
duty  of  the  comptroller  to  see  that  the  accounts  of  his  own  and  other  officers 
of  the   city  and  its   departments,  bureaus   and   activities  are   so  kept  that   they 


20  CHARTER  OF  CITY  OF  ST.  PAUL. 

will  confirm  to  the  best  system  of  accounting  adopted  in  other  cities  of  the- 
country  and  readily  admit  of  the  comparison  of  St.  Paul's  city  government 
and  finances  with  those  of  such  other  cities. 

Shall  appoint  assistants. — Sec.  72.  The  comptroller  shall  appoint  at  a 
salary  not  exceeding  $2,500  a  year  to  be  fixed  by  the  comptroller,  an  exammer 
who  shall  be  a  skilled  accountant;  a  qualified  civil  engineer  of  five  years 
municipal  engineering  practice,  at  a  .salary  not  to  exceed  $2,500  a  year  to  be 
fixed  by  the  comptroller;  a  deputy  comptroller  at  a  salary  not  exceeding  $2,000 
a  year  to  be  fixed  by  the  comptroller;  an  auditor  at  a  salary  of  $1,500  a  year 
and  a  bookkeeper  at  a  salary  of  $1,200  a  year,  together  with  such  other 
clerical  assistants  as  the  council  may  authorize  at  the  suggestion  of  the  comp- 
troller, and  at  salaries  to  be  fixed  by  the  council.  It  is  the  intent  of  this 
charter  that  the  comptroller  shall  have  sufficient  help  to  carry  out  the  duties 
prescribed  under  this  charter  and  it  is  the  duty  of"  the  council  to  carry  out 
this   intent. 

Examination  of  the  departments. — Sec.  73.  It  shall  be  the  duty  of  the 
comptroller  to  make  an  exhaustive  examination  at  least  once  a  year,  into 
the  accounts  and  methods  of  each  department  or  office  with  which  he  keeps 
controlling  accounts  and  to  report  the  result  of  such  .examinations  to  the 
city  council,  in  such  form  as  to  be  understood  by  the  average  layman.  He 
shall  from  time  to  time  compile  statistics  showing  in  summary  or  detailed 
form  as  his  judgment  may  dictate,  the  state  of  the  city  business.  Annually 
as  soon  as  practicable  after  January  1  of  each  year,  and  in  any  event  not 
later  than  ]\Iarch  1,  said  comptroller  shall  make  a  complete  report  upon  all 
the  business  of  the  city  for  the  last  previous  fiscal  3^ear.  and  .shall  present 
it  carefully  collated  and  indexed  to  the  council,  and  said  council  shall  cause 
It  to  be  printed  forthwith  in  an  edition  of  at  least  1,000  copies  which  shall  be 
distributed   to  the   public   free   of  charge  upon    application   to   the    comptroller. 

Monthly  statement. — Sec.  74  Within  ten  days  after  the  end  of  each 
calendar  month  the  comptroller  shall  present  to  the  city  clerk  and  the  city 
clerk  shall  cause  to  be  printed  in  the  ofificial  paper  of  the  city  a  condensed 
•statement  of  all  receipts  and  disbursements  of  the  city  during  such  preceeding 
month,  which  statement  shall  be  classified  under  the  various  budget  funds, 
and  shall  show  the  payments  from  said  funds  for  the  month  just  closed,  the 
total  payments  from  such  funds  from  the  first  of  the  fiscal  year  to  the  end 
of  said  month,  the  budget  allowance  for  said  fund  and  the  balance  at  the  end 
of  the   month. 

To  furnish  information. — Sec.  73.  It  shall  be  the  duty  of  the  ccmptroller 
upon  application  of  the  council  to  prepare  and  submit  to  the  council  in  proper 
form  any  information  dealing  with  the  financial  problems  of  the  city,  which 
said  council  may  desire  in  the  transaction  of  the  city's  business,  and  it  shall 
be  the  duty  of  all  city  officers  upon  request  to  make  any  reports  to  the  comp- 
troller which  he  may  desire  in  this  connection  and  to  aid  him  in  all  other 
ways  to  comply  with  the  request  of  the  council.  The  comptroller  and  his 
duly  authorized  agents  shall  have  access  at  all  times  to  any  and  all  work 
of  the  citj'-  whether  completed  or  in  progress  and  to  all  property  of  the  city 
tor  the  purpose  of  inspection. 

Ex-officio  civil  service  commissioner. — Sec.  76.  The  comptroller  shall  be 
ex-oflficio  civil  service  commissioner  and  shall  enforce  the  provisions  of  this 
charter    with    relation    thereto. 

Aud  t  claims  or  demands. — Sec.  77.  Every  claim  against  the  city  or  any 
department  bureau  or  activity  thereof  .shall  before  "allowance  by  the  council 
for  payment  be  audited  by  the  comptroller  who  shall  designate  in  his  reporr 
thereon  the  particular  fund  out  of  which  the  same  is  payable.  All  orders 
drawn  and  payments  made  for  service  rendered  to  the  city  or  any  of  its 
departments,  bureaus  or  activities  shall  be  made  to  the  person  who  has  the 
actually  rendered  the  service.  Before  any  order  on  the  city  treasurj^  shall  be 
signed  by  the   comptroller  or   countersigned  by  the   mayor  and   the   cit}'  cleric 


ClIARTlvR  OF  CITY  01<  ST.  PAUL.  :U 

for  payment  to  any  person  whatsoever  for  any  service  or  anything  rendered 
or  furnished  the  City  of  St.  Paul,  such  order  shall  designate  upon  its  lace 
the  legislative  act,  the  section  thereof  or  the  chapter,  title  or  section  of  this 
charter,  or  the  resolution  or  ordinance  of  the  council,  giving  the  date  of  the 
passage  thereof,  under  authority  of  which  such  order  is  drawn. 

Payments  by  check — Receipts. — Sec.  78.  All  payments  from  the  city 
treasury  shall  be  by  check  upon  city  depositories,  under  such  system  of  war- 
rants and  vouchers  as  the  council  may  on  the  recommendation  of  the  comp- 
troller adopt.  For  all  money.s  paid  into  the  city  treasury,  the  city  treasury 
shall  issue  duplicate  receipts  under  such  a  system  that  these  receipts  must 
be  countersigned  in  the  comptroller's  office  before  they  are  valid,  and  one 
must  be  retained  there  as  a  permanent  record.  The  duplicate  receipt  shall 
be  handed  over  by  the  comptroller  to  the   person  who  makes  the  payments. 

Comptroller  to  check  treasury  each  day. — Sec.  79.  On  each  business  da\ 
after  the  close  of  receipts  and  payments  in  the  city  treasury,  the  comptroller 
shall  check  all  the  receipts  and  disbursements  of  such  day;  and  the  treasury 
shall  deliver  to  the  comptroller  all  evidences  ot  the  payment  of  moneys  that 
have  come  to  its  possession  during  the  day;  the  same  after  adequate  can- 
cellation of  all  instruments  in  the  form  of  commercial  paper,  to  be  retained 
as  part  of  the  records  of  the  comptroller's  office  until  destruction  of  the  same 
shall  have  been  authorized  by  the  council;  provided,  that  the  stubs  of  receipts 
issued  for  moneys  paid  into  the  treasury  may  be  retained  by  the  treasury 
where  duplicate  receipts  have  been  placed  in  the  hand^s  of  the  comptroller. 

Treasurer  to  report. — Sec.  80.  At  the  close  of  each  day's  business  the 
treasury  shall  make  to  the  comptroller  a  statement  showing  with  respect  to 
each  city  fund  the  amount  of  the  annual  appropriation  for  such  fund,  the 
amount  of  money  on  hand  to  its  credit  at  the  beginning  of  business  on  that 
day,  the  amount  of  receipts  to  its  credit  on  that  day,  the  amount  of  pajmients 
made   from   it  on   that   day. 

To  act  in  harmony. — Sec.  81.  The  busine^ss  hours  of  the  comptroller's 
office  and  the  city  treasury  shall  be  so  fixed  and  the  offices  shall  be  so 
arranged  as  to  permit  the  convenient  transaction  of  the  business  therein,  in 
the  mode  prescribed  in  accordance  with  the  provisions  of  this  charter.  In 
the  event  of  the  comptroller  and  treasurer  failing  to  agree  upon  such  arrange- 
ment, the  mayor  shall  make  an  order  arranging  proper  conditions. 

Custodian  of  documents. — Sec.  82.  The  comptroller  shall  be  custodian  of 
all  official  and  other  surety  bonds  relating  to  the  city's  business,  of  all  deeds, 
insurance  policies  and  other  contracts  and  agreements  except  as  may  other- 
wise be  provided  in  this  charter. 

To  take  up  evidence  of  indebtedness. — Sec.  83.  Upon  payment  to  the 
treasury  of  any  note,  order,  bond  or  coupon,  it  shall  require  the  surrender 
thereof  and  shall  take  the  .same  into  its  possession  as  evidence  of  such  pa}'- 
ment.  The  comptroller  may  require  the  taking  by  the  'treasury  of  such  other 
evidences  of  payment,  in  any  case,  as  he  may  deem  necessary  for  the  due 
protection  of  the  city  and  the  safe  or  convenient  transaction  of  its  financial 
business. 


LilC       UiSpU^M  LH.J11,      11       tXliy  f       LllClClJi,       dllU       cliSU       d      V^VJ111[JICLC       ICI-IJIU       Ul       all       SC^-LlllLIC 

whatever  coming  into  the  hands  of  the  commissioner  of  finance,  showing  th 
disposition,  if  any,  thereof. 


Shall  be  member  of  the  sinking  fund  committee, — Sec.  85.  The  comp- 
troller 'shall  be  a  member  of  the  sinking  fund  committee.  With  the  mayor 
he  shall  from  time  to  time  examine  the  securities  in  the  hands  of  the  cit\- 
treasurer  and  see  that  they  are  properh'  and  safely  kept. 


2.-'  CHARTER  Ol-   CITY  OF  ST.  PAUL. 

Responsible  for  legality  of  contracts. — Sec.  86.  The  comptroller  shall 
refuse  to  countersign  an}-  contract  to  which  the  City  of  St.  Paul  is  a  party, 
unless  all  the  requirements  of  this  charter  and  the  laws  of  the  state  and  the 
ordinances  of  the  City  of  St.  Paul  have  been  complid  with,  but  advice  of  the 
city's  law  officer  that  the  contract  is  in  due  form  and  that  these  requirements 
have  been  complied  with   will  justify  the  comptroller  in  countersigning. 

Countersign  instruments. — Sec.  87.  The  comptroller  shall  countersign  all 
deeds,  leases  and  other  instruments  of  this  class  to  which  the  City  of  St.  Paul 
is  a  party  or  is  in  any  way  interested,  and  such  instruments  if  not  so  counter- 
•signed  shall  not  be  valid. 

Comptroller  of  all  departments. — Sec.  88.  The  comptroller  shall  be 
comptroller  of  the  City  of  St.  Paul  and  of  all  the  departments,  bureaus,  or 
activities  under  the  control  of  said  city  or  in  which  the  city  is  in  any  way 
interested. 

Fees  to  be  turned  in  daily. — Sec.  89.  Whenever  in  pursuance  of  law  or 
of  this  charter  anj^  officer  or  employe  of  the  City  of  St.  Paul  or  of  any  of  its 
departments,  bureaus  or  activities,  shall  be  charged  with  the  duty  of  collecting 
or  receiving  any  fees  or  other  moneys  for  the  use  of  said  city  or  department, 
bureau  or  activity,  he  shall  under  the  direction  of  the  comptroller,  keep  full 
and  accurate  accounts  and  records  of  all  such  fees  and  moneys  by  him  re- 
ceived, and  at  the  close  of  each  day's  business  pay  all  of  the  same  then  in 
his  hands  into  the  city  treasury  at  the  same  time  making  due  report  thereof 
to  the  comptroller  in  such  form  as  the  comptroller  may  prescribe. 

No  division  of  moneys. — Sec.  90.  Save  as  may  be  otherwise  provided  in 
this  charter  no  moneys  levied,  collected  or  received -on  account  of  any  fund 
shall  be  diverted  by  the  council  or  by  any  other  person  to  the  use  of  any 
other  fund,  nor  shall  it  be  transferred  or  loaned. 

Clerks  to  be  certified. — Sec.  91.  Any  officer  of  the  city  or  any  depart- 
ment, bureau  or  activity  thereof  who  under  the  laws  or  under  the  provisions 
of  this  charter  is  entitled  to  any  sum  or  allowance  for  clerk  hire,  or  who  is 
entitled  to  any  clerk  or  assistant  in  the  performance  of  his  official  duty,  shall 
in  writing  certify  to  the  comptroller  and  to  the  mayor  the  name  of  such 
clerk  or  assistant,  the  date  of  his  appointment  and  the  amount  of  compensa- 
tion he  is  to  receive;  and  whenever  such  clerk  or  assistant  named  in  such 
certificate  ceases  to  act  as  such,  said  officer  shall  forthwith  certify  such  fact 
to  the  comptroller  and  to  the  mayor. 

Requests  for  appropriations  itemized. — Sec.  92.  Every  request  made  of 
the  council  for  authority  to  make  any  purchase  for  -said  city,  or  for  any  de- 
partment bureau  or  activity  thereof,  or  otherwise  to  create  any  liability 
against  said  citj'  shall  save  as  otherwise  expressly  provided  in  this  charter, 
be    itemized. 

Shall  keep  inventories. — Sec.  93.  Said  comptroller  shall  keep  inventories 
of  the  property  belonging  to  the  Cit^^  of  St.  Paul  or  any  of  its  departments, 
bureaus  or  activities,  or  in  which  said  city  has  directly  or  indirectly  any 
interest,  and  he  may  require  any  officer  of  «aid  city,  bureau  or  department  to 
keep  like  inventories  of  the  property  vmder  his  control  and  report  copies 
thereof  on  demand  to  said  comptroller.  Said  comptroller  shall  keep  an  ac- 
count showing  in  complete,  comprehensive,  yet  clear  and  simple  form  the 
assets  and  liabilities  of  the  city  from  j'ear  to  year. 

Method  of  aud  ting  claims  against  the  city. — Sec.  94.  On  recommendation 
of  said  comptroller  the  council  shall  by  ordinance  establish  a  system  for  the 
auditing  of  claims  against  said  city  which  shall  eflfectively  protect  said  city 
from   loss. 

Limitations. — Sec.  95.  No  claim  for  services  shall  be  allowed  unless  the 
person  rendering  such  service  has  his  name  enrolled  with  the  civil  service 
commission   as  in  the  emploj'ment    of    the    city    and   the   class,  grade,  rate  of 


CIIAKTI'.R  Oi'  C1T\'  Oi'  ST.  I'AUL.  :23 

conipcn.-^ation  and  dcpartiiK'in  in  which  cinplijyed  are  specified  on  .said  roll, 
except  as  in  this  charter  utherwise  provided.  All  claims  fur  services  by  the 
day  or  hour  must  be  supported  by  an  adequate  time  report  showing  services 
rendered.  Claims  for  supplies  for  emergency  repairs  must  be  certified  to  by 
the  purchasing  agent  setting  forth  facts  constituting  the  emergency.  No 
requisition  shall  be  certified  or  honored  by  any  city  officer  or  employe  unless 
it  shows  on  its  face  that  the  comptroller  has  certified  that  there  are  available 
funds  to  pay  for  the  thing  requisitioned.  No  claim  for  general  supplies  in 
bulk  in  anticipation  of  requisitions  therefor  shall  be  allowed  unless  such  sup- 
plied have  been  duly  delivered  to  the  city  and  duly  inspected.  Whenever 
supplied  are  bouglit  in  bulk  by  the  purchasing  agent  in  anticipation  of  requisi- 
tions therefor,  said  purchasing  agent  shall  make  such  report  as  the  comp- 
troller may  prescribe,  giving  all  details  as  to  prices,  amounts,  cost,  evidences 
of  delivery,  and  all  other  details  necessary  for  the  protection  of  the  city. 
When  satisfied  as  to  all  details  the  comptroller  shall  draw  a  proper  warrant 
covering  such  claims  as  have  been  satisfactorily  proved,  and  shall  apportion 
the  payments  to  the  several  departments  so  that  each  .shall  pay  for  the  sup- 
plies actually  purchased  for  and  to  be  used  by  that  department.  Each  item 
shall  be  charged  to  the  appropriate  fund. 

Except  for  supplies  so  bought  in  bulk,  no  claim  for  supplies  shall  be 
allowed  unless  supported  by  a  requisition  approved  by  the  comptroller;  ana 
unless  prices  thereof  are  certified  by  the  purchasing  agent  as  correct;  ana 
unless  properly  inspected.  Where  purchases  are  made  under  contract,  claims 
for  payment  thereof  shall  not  be  allowed  unless  the  contract  has  in  all  re- 
spects been  complied  with.  All  contract  work  must  be  properly  inspected 
and  reported  upon  as  done  in  accordance  with  the  terms  of  the  contract, 
and  all  materials  as  complying  with  specifications;  must  be  approved  by  the 
department  for  which  it  has  been  performed;  must  have  been  covered  by 
the  bond  required  under  this  charter;  and  the  contractor  must  make  affidavit 
that  all  claims  for  services  and  material  used  in  connection  therewith  have 
been  paid  in  full  to  date,  before  any  claim  shall  be  allowed  or  paid  by  the 
city.  No  final  claim  or  estimate  on  any  contract  work  shall  be  paid  until  the 
contract  is  fully  completed  and  properly  accepted  by  the  proper  city  officers 
as   provided   for  in   this   charter. 

No  claim  for  extra  labor  or  material  shall  be  allowed  unless  the  cost 
thereof  ha-s  been  fully  agreed  upon  by  the  department  for  which  the  labor 
or  material  is  furnished  and  the  contractor,  and  a  memorandum  of  said 
agreement  has  been  filed  with  the  comptroller  and  countersigned  by  him 
prior  to  the  furnishing  of  such  extra  labor  or  material. 

All  disbursements  expressly  required  by  the  laws  of  the  state,  or  to  main- 
tain the  credit  of  the  city  shall  be  allowed  subject  to  the  ruling  of  the 
corporation  counsel  as  to  their  legality.  All  disburseemnts  authorized  by  the 
council  from  moneys  under  the  direct  control  of  the  council,  may  be  allowed 
by  the  comptroller  on  receipt  of  such  authorization  and  subject  to  the  terms 
thereof. 

Board  of  Control  and  City  Hall  and  Court  House  Committee. — Sec.  0(). 
The  limitations  in  the  last  preceding  sections  shall  not  appl}^  to  claims 
against  the  Board  of  Control  and  the  City  Hall  and  Court  House  Committee. 
On  recommendation  of  the  comptroller  the  council  may  provide  by  ordinance 
for  such  arrangement  as  said  comptroller  may  be  able  to  make,  and  which 
he  and  said  council  may  deem  desirable,  with  the  County  of  Ramsey  for 
monthly  or  semi-monthly  settlements  of  all  claims  against  the  city  for  the 
city's  share  of  the  expenses  of  the  Board  of  Control  and  the  City  Hall  and 
Court  House  Committee;  provided,  that  before  payment  all  such  claims  shall 
he  audited  by  the  comptroller  and  shall  be  supported  by  proper'evidence  of 
payment  on  the  part  of  the  county. 

Council  may  audit. — Sec  .97.  On  recommendation  of  the  mayor  the  coun- 
cil maj-  order  an  audit  of  the  accounts  of  any  department  by  a  competent 
certified  accountant  not  otherwise  in^  the  employ  of  the  ctiy. 

May  keep  cost  accounts. — ^Sec.  97.  On  recommendation  of  the  comp- 
troller and  in  such  form  as  he  may  recommend,  the  council  shall  have  power 


24  CHARTER  OF  CITY  OF  ST.  PAUL. 

to   establi'Sh    a   system   of   cost   accounting    for    all    departments,   bureaus    and 
activities  of  the  City  of  St.  Paul. 


CHAPTEK    VII. 

The   Civil    Service. 

Bureau. — Sec.  98.  There  is  hereby  created  a  Bureau  of  Civil  Service  of 
which  the  comptroller  ex-officio  shall  be  the  Civil  Service  Commissioner. 

Commissioner's  powers. — Sec.  99.  The  Commissioner  shall  appoint  a 
chief  examiner  who  shall  be  in  the  classified  service,  and  such  clerks  and 
subordinates,  if  any,  a.s  may  be  authorized  by  the  council  which  shall  also 
fix  and  determine  the  compensation  of  the  chief  examiner,  clerks  and  subor- 
dinates. 

Classification. — Sec.  100.  The  civil  service  of  the  City  of  St.  Paul  is 
hereby  divided  into  two  classes,  namely;  The  Classified  Service  and  the 
Unclassified   Service.     The  Unclassified  Service  shall  comprise: 

A.  All  ofificer.s  elected  by  the  people. 

B.  All  heads  of  executive  departments. 

C.  A  secretary  for  the  mayor  and  one  deputy  for  the  head  of  each 
executive   department. 

D.  The  superintendent  and  all  teachers,  instructors  and  principals  of  the 
public    schools. 

The  Classified  Service  shall  include  all  other  offices  now  existing,  and  all 
officers  and  employes  holding  places  not  excepted  from  said  service.  It 
shall  also  include  all  other  offices  which  may  hereafter  be  created,  unless 
expressly  excepted  therefrom. 

Promulgation  of  Rules. — Sec.  101.  The  Commissioner  is  hereby  author- 
ized and  empowered  to  frame  and  submit  to  the  council  for  its  approval, 
rules  and  regulations  for  the  Classified  Service,  and  -such  approval  shall  be 
given  by  an  ordinance  which  shall  set  out  in  full  such  rules.  Such  ordinance 
need  not  be  published  in  the  official  paper,  but  may  be  printed  in  pamphlet 
form.  When  so  approved  .such  rules  shall  have  the  force  and  effect  of  law. 
Such  rules  and  regulations  may  be  amended  or  repealed  with  the  consent  of 
tile  council  in  the  same  mnaner  as  provided  for  original  adoption. 

The  Commissioner  shall  keep  a  record  of  all  orders  and  of  all  examma- 
tions  held  pursuant  to  the  provisions  hereof,  and  shall  make  suitable  and 
proper  investigations  concerning  the  enforcement  and  effect  of  this  charter 
<and  of  the  rules  provided  for  h-erein.  He  shall  report  to  the  mayor  at  least 
once  each  year,  and  as  much  oftener  as  he  may  require. 

The   rules  herein  provided  for  shall   provide   amongst   other  things: 

A.  For   the  proper  classification   of  all   offices   in   the    Classified   Service. 

B.  For  open  competitive  examination  to  test  the  relative  fitness  of  all 
applicants  for  such  positions. 

C.  That  public  notice  be  given  of  all  such  examinations  at  least  ten  days 
in  advance  thereof,  in  at  least  one  newspaper  of  general  circulation,  and  also 
by  posting  such  notice  in  the  Court   House  and   City  Hall. 

D.  For  the  creation  of  eligible  lists  upon  which  shall  be  entered  the 
names  of  successful  candidates  in  the  order  of  their  rating  in  the  examinations. 
Such  lists  shall,  however,  not  remain   in   force  more  than  two  years. 

E.  For  the  rejection  of  otherwise  eligible  candidates  who  fail  to  comply 
with  the  reasonable  requirements  of  the  Commissioner  in  regard  to  age,  resi- 
dence, sex,  physical  condition,  or  who  have  been  guilty  of  crime  or  of  infamous 
or  disgraceful  conduct,  or  who  have  attempted  any  deception  or  fraud  in  con- 
nection with  an  examination. 

F.  For  the  appointment,  to  fill  a  vancancy,  of  one  of  three  persons  who 
are  rated  highest  on  the  appropriate  list. 


CIIARTI'.R  Ol'  LMTN    O  !•'  S'l".  I'AUL.  :?5 

G.  For  a  period  of  probation  not  to  exceed  six  months  after  any  ap- 
pointment or  promotion  is  made,  during  which  period  such  probationer  may 
be  discharged  or  reduced  with  the  consent  of  the  Commi'Ssioner. 

H.  For  temporary  employment  without  examination  with  the  consent 
of  the  Commissioner  in  cases  of  emergency  and  pending  appointment  from 
an  eligible  list.  But  no  such  temporary  employment  shall  continue  longer 
than  sixty  days  nor  shall  successive  temporary  emploj^ments  of  the  same 
person  be  allowed. 

I.  For  transfers  from  any  po-sition  to  a  similar  position  in  the  same  class 
and  grade  and  also  for  reinstatement  within  one  year  of  persons  who  without 
fault  or  delinquency  on  their  part  are  separated  from  the  service  or  reduced. 

J.  For  promotion  based  on  competitive  examination  and  upon  a  record 
of  efficiency,  character,  conduct  and  seniority.  Lists  shall  be  prepared  and 
kept  and  promotions  made  therefrom  in  the  same  manner  as  provided  herein 
for  original  appointments.  Any  advancement  in  rank  or  any  increase  in 
salary  beyond  the  limit  fixed  by  the  rules  shall  conistitute  a  promotion. 
Whenever  practicable  vacancies  shall  be   filled  by  promotion. 

K.  For  suspensions  for  not  longer  than  thirty  da3^s  and  for  leaves  of 
absence. 

L.  For  discharge  or  reduction  either  in  rank  or  compensation  alter  ap- 
pointment or  promotion  only  when  the  person  to  be  discharged  or  reduced 
has  been  presented  .with  the  reasons  for  such  discharge  or  reduction,  specific- 
ally stated  in  writing  and  has  been  allowed  a  reasonable  time  to  reply  thereto 
in  writing.  The  reasons  and  the  reply  must  be  filed  as  a  public  record  with 
the  Commissioner. 

]M.  For  the  appointment  of  the  unskilled  laborers  in  the  order  of  priority 
of  application  after  such  tests  of  fitness  as  the  Commissioner  may  prescribe. 

Except.ons  to  rules. — Sec.  102.  In  case  of  a  vacancy  in  any  office  which 
requires  peculiar  or  exceptional  qualifications  of  a  scientific,  professional  or 
expert  character,  and  upon  satisfactory  evidence  that  competition  is  imprac- 
ticable and  that  the  office  can  best  be  filled  by  the  selection  of  some  desig- 
nated person  of  recognized  attainments,  the  Commissioner  may,  with  the 
written  consent  of  the  mayor,  suspend  competition,  but  no  ^sucli  suspension 
shall  be  general  in  its  application  to  such  office  and  all  such  cases  of  sus- 
pension shall  be  reported,  together  with  the  reasons  therefor,  in  the  annual 
reports    of   the    Commissioner. 

Examinations. — Sec.  103.  All  examinations  shall  be  impartial  and  shall 
have  reference  to  the  duties  and  requirements  of  the  office  or  position  to  be 
filled.  When  oral  tests  are  employed,  a  complete  record  of  questions  and 
answers  shall  be  made.  Examinations  shall  be  in  charge  of  the  chief  examiner, 
except  when  the  Commissioner  shall  act  as  examiner.  The  Commissioner 
may  call  on  other  persons  to  conduct,  or  mark  examinations  and  when  such 
persons  are  connected  with  the  city  s-^rvice  it  shall  be  deemed  a  part  of  their 
official  duty  to  act  as  such  examiners    svithout  extra  compensation. 

Present  incumbents. — Sec.  104.  All  persons  holding  positions  in  the 
Classified  Service  of  the  city  as  established  by  this  charter,  at  the  time  it 
lakes  efifect,  shall  retain  their  positions  until  discharged,  reduced,  promoted 
or  transferred  in  accordance  therewith.  The  Commissioner  shall  keep  as  a 
public  record  a  civil  list  of  all  persons  in  the  service  of  the  city  which  shall 
show  the  name  of  every  officer  or  employe,  the  office  or  service,  position 
held,  the  date  and  character  of  every  appointment  and  of  every  subsequent 
promotion,,  and  reduction,  and  every  change  in  salary  or  othe'rwise.  Each 
;^ppointing  officer  shall  promptly  transmit  to  the  Commissioner  all  informa- 
tion required  for  the  establishment  of  said  civil  list. 

Prohibitions. — Sec.  105.  No  treasurer  or  other  public  disbursing  officer 
of  the  city  shall  pay  any  salary  or  compen-sation  for  service  to  any  person 
holding  a  position  in  the  Classified  Service  unless  the  payroll  or  account  for 
such  salary  or  compensation  shall  bear  the  certificate  of  the  Commissioner 
that    the    persons   named    therein    have    been    appointed    or   employed   and    are 


26  CHARTER  OF  CITVOF  ST.  PAUL. 

performing  service  in  accordance  with  the  provisions  of  this  chapter  and  of 
the  rules  establi.shed  thereunder.  Any  taxpayer  of  the  city  may  institute  and 
maintain  an  action  in  the  District  Court  to  recover  for  the  use  of  the  city 
any  sum  or  sums  paid  or  disbursed  contrary  to  the  provisions  of  this  section 
from  the  person  or  persons  authorizing  such  payment,  and  may  likewise 
institute  and  maintain  an  action  to  enjoin  the  Commissioner  from  attaching 
hi.s  certificate  to  a  payroll  or  account  for  services  rendered  in  violation  of 
the  provisions  of  this   chapter  or  of  the  rules  established  thereunder. 

Investigations. — Sec.  106.  In  any  investigation  conducted  by  the  Com- 
missioner he  shall  have  the  power  to  compel  the  attendance  of  witnesses  and 
the  production  of  books  and  papers  pertinent  to  the  investigation  and  shall 
likewise  have  power  to  administer  oatbs  to  such   witnesses. 

Political  Beliefs. — Sec.  107.  No  person  in  the  classified  service,  or  seeking 
admission  thereto,  shall  be  appointed,  reduced  or  removed  or  in  any  way 
favored  or  discriminated  against  because  of  his  political  opinions  or  afifilia- 
tions. 

Political  activity. — Sec.  108.  No  officer  or  employe  of  the  city  shall,  di- 
rectly or  indirectly,  solicit  or  receive  or  be  in  any  manner  concerned  in 
soliciting  or  receiving  assessment,  subsciption  or  contribution  for  anj- 
political  party  or  political  purpose  whatsoever.  No  person  shall,  orally  or 
by  letter,  solicit  or  be  in  any  manner  concerned  in  soliciting  anv  assessment, 
.".ubscription  or  contribution  from  any  person  holding  a  position  in  the  Clas- 
sified  Service   for  any  political   party   or   purpose   whatever. 

Violations. — Sec.  109.  Any  person  violating  any  of  the  foregoing  pro- 
visions or  the  rules  established  thereunder  shall  be  guilty  of  a  misdemeanor. 

Officers  to  be  voters. — Sec.  109-a.  All  elective  officers  of  the  City  of  St. 
Paul  shall  be  qualified  voters  of  said  city  at  the  time  of  their  election  and 
oualification  for  ofiice.  All  male  appointive  officers  shall  be  qualified  voters 
at  the  City  of  St.  Paul  at  the  time  of  their  election,  appointment  and  qualifica- 
tion, except  that  by  unanimous  action  of  the  council  to  fill  a  position  requir- 
ing especially  skill  this  requirement  may  be  waived.  All  employes  of  the 
City  of  St.  Paul  shall  be  bona  fide  residents  of  the  city  at  the  time  of  their 
employment. 


THAPTEE    VIII. 

The  Council — Its  General  Powers  and  Duties. 

Council. — Sec.  110.  The  legislative  authority  of  the  City  of  St.  Paul  shall 
be  vested  in  the  council,  which  shall  be  composed  of  the  six  councilmen  and 
the   ma5^or,   who   ex-oi^cio   shall  be   the   presiding  officer   or   president   thereof. 

Meetings — Regular  and  Special. — Sec.  111.  The  council  shall  meet  at  the 
city  hall  of  said  city  on  the  first  Tuesday  of  June  of  each  year  at  ten  o'clock 
in  the  morning  and  daily  thereafter  at  ten  o'clock  in  the  morning,  and  at 
such  other  times  as  it  may  determine,  except  Sundays  and  legal  holidays. 
The  mayor  may  call  special  meetings  of  the  council  and  the  city  clerk  shall 
do  so  upon  the  written  request  of  four  councilmen  at  such  time  as  may 
therein  be  specified.  Notice  in  writing  of  special  meetings  shall  be  served 
upon  each  member  of  the  council  personally  or  be  left  at  his  usual  place  of 
abode  at  least  six  hours  in  advance  of  such  meeting,  except  with  the  unani- 
mous consent  or  waiver  of  such  notice  by  the  entire  council,  which  consent  or 
waiver  shall  be  in  writing. 

Quorum — Rules. — Sec.  112.  A  majority  of  the  council  shall  constitute  a 
quorum  to  transact  business,  but  a  smaller  number  may  adjourn  from  time  to 
lime   and    compel    the   attendance    of   absent    members    under    such    terms    and 


CiiAK'i  I'.R  OI-  C1T\"  (.1<  ST.  I'Al'L.  :>7 

tfcnalties  as  it  ma}-  prescribe.  il  nuii'  adcipt  rules  and  regulations  fur  its 
government  not  inconsistent  with  law  and  this  charter,  sit  upon  its  own 
adjournment  and  punish  its  members  for  disorderly  conduct. 

Officers,  (a)  Vice-Presidents. — Sec.  113.  On  the  first  Tuesday  of  June 
oi  each  even  numbered  year,  or  as  soon  thereafter  as  practicable,  the  council, 
by  ballot,  shall  elect  from  its  members  a  vice-president  and  a  second  vice- 
president,  each  of  whom  shall  hold  ofBce  for  a  term  of  two  years  beginning 
with   the   said   first   Tuesdaj^   and    until   their   successors    are    elected. 

(b)  City  Clerk.  At  the  same  time  and  for  the  same  period  or  term  and 
in  the  same  manner  ,the  council  shall  elect  a  city  clerk,  who  shall  hold  office 
until  his  successor  is  elected  and  has  qualified. 

Journal — Votes. — Sec.  114.  The  council  shall  keep  a  journal  of  its  pro- 
ceedings, and  the  yeas  and  nays  when  taken  on  any  question  shall  be  entered 
therein.  Any  member  present  wdio  fails  to  vote  shall  be  counted  in  the 
negative.  The  presiding  officer  at  each  regular  session  shall  sign,  during  the 
'session,  the  city  clerk's  record  of  the  proceedings  of  the  last  meeting,  after 
the  same  has  been  corrected  and  approved  by  the  council. 

Acting  Mayor. — Sec.  115.  During  the  absence  of  the  mayor  from  the 
city,  or  in  case  of  his  death,  inability,  or  incapacity  for  any  reason  to  discharge 
the  duties  of  his  office,  the  vice-president  of  the  council  shall  exercise  all 
the  powers  and  discharge  all  the  duties  of  the  mayor  and  he  .shall  be  styled. 
"Acting  Mayor  of  St.  Paul,"  and  the  second  vice-president  of  the  council  shall 
perform  the  duties  and  exercise  the  powers  of  acting  mayor  in  case  of  the 
inability   of  the  vice-president  to  act  as  acting  mayor. 

Legislation,  mode  of. — (a)  Ordinances. — Sec.  116.  Every  act  or  bill  of 
the  council  which  shall  define,  license,  regulate,  suppress,  prevent  or  prohibit 
any  act,  busineS'S  or  person,  or  be  in  any  way  an  exercise  of  the  legislative 
powers,  grant  any  right,  franchise  or  privilege  or  a  modification  thereof,  o! 
appropriate  any  money  or  create  any  liability  against  the  city  shall  be  ex 
pressed  in,  done  by  and  created  by  an  ordinance.  And,  likewise  any  amend 
ment,  modification  or  repeal  of  an  existing  ordinance  of  a  similar  character. 

(b)  Administrative  ordinances.  Every  act  or  bill  which  shall  define,  reg- 
ulate or  create  any  office,  or  prescribe  the  powers  and  duties  of  any  officer 
or  department,  or  the  procedure  for  the  performance  of  any  administrative 
act,  or  promulgate  any  rule  or  regulation  for  the  better  government  and  con- 
duct of  the  city  government  shall  be  created  by,  expressed  and  done  under  an 
administrative  ordinance. 

(c)  Resolutions.  Every  other  act,  deed,  expression,  order  or  direction, 
not  hereinbefore  defined  or  limited,  or  the  approA'al  of  any  administrative  act 
or  the  appointment  of  any  officer  shall  be  performed  bj'  means  of  and  done 
under  a  resolution  of  the  council  and  not  otherwise. 

Ordinances — Form    and    procedure. — Sec.    117.     \\'henever    any    proposed 

ordinance  shall  be  presented  to  the  council,  it  shall  be  read  in  full  at  the 
meeting  at  which  it  shall  be  presented  and  read  again  by  the  title  thereof  at 
two  separate  meetings  not  less  than  a  week  after  the  meeting  at  which  the 
sam.e  i-s  presented.  After  such  ordinance  shall  be  complete  in  the  form  in 
which  it  is  finally  passed,  it  shall  remain  on  file  in  the  office  of  the  city  clerk 
for  public  inspection  at  least  one  week  before  the  final  passage  or  adoption 
thereof.  " 

No  ordinance,  except  that  creating  the  annual  budget,  shall  embrace  more 
than  one  subject,  which  shall  be  expressed  in  its  title. 

Ordinances  making  appropriations  shall  be  confined  entirelj'  to  appropria- 
tions, and  nothing  otherwise. 

The  enacting  clause  of  all  of  the  above  ordinances  shall  be:  "The  Coun- 
cil of  the  City  of  St.  Paul  does  ordain." 

Administrative  ord'nances. — Sec.  118.  Shall  be  adopted  by  the  same  pro- 
cedure  as   hereinabove   prescribed   for   other   ordinances.     The   enacting   clause 


■■-"^  CHARTER  Ol'  CITY  OF  ST.  PAUL. 

shall  be  the  same  as  for  other  ordinances.  Administrative  ordinances  shall 
be  designated  by  the  word  "Administrative,"  preceding  the  title.  No  action 
ct  the  council  shall  be  invalid  because  an  ordinance  is  U'Sed  where  an  admin- 
istrative ordinance  is  indicated  in  this  charter  or  an  administrative  ordinance 
is  used  when  an  ordinance  is  indicated.  The  term  "Ordinance"  shall  embrace 
ordinances  and  administrative  ordinances. 

Resolutions. — Sec.  119.  Any  resolution  may  be  presented  and  adopted 
£t  the  meeting  at  which  it  is  presented. 

Votes  necessary. — Sec.  120.  No  ordinances,  administrative  ordinance  or 
resolution  shall  be  finally  adopted  or  passed,  or  operative  and  binding  unless 
the  same  shall  be  passed  and  adopted  by  an  affirmative  vote  of  a  majority 
of  all  of  the  members  elect  of  the  council  including  the  mayor.  All  such 
votes  shall  be  taken  bj^  ayes  and  nays  and  shall  be  entered  upon  the  record 
of  the  proceedings  of  the  council. 

Mayor's  veto. — Sec.  121.  Every  ordinance  or  resolution  not  making  an 
appropriation  which  .shall  pass  the  city  council  shall  be  presented  to  the 
mayor,  as  soon  as  practicable  for  approval  or  rejection,  and  in  any  event  not 
later  than  five  days  after  its  passage.  If  he  approves  thereof,  he  shall  sign 
it  within  five  days  of  its  presentation  to  him,  and  shall  deposit  the  same  in 
the  office  of  the  city  clerk  where  it  shall  be  permanently  preserved  as  a  public 
record.  If  he  does  not  approve  it,  he  shall  return  it  within  five  days  to  the 
city  council  with  a  communication  in  writing  setting  forth  the  fact  of  his 
disapproval  and  the  reasons  therefor,  and  his  communication  shall  be  entered 
at  large  in  the  journal  of  the  city  council.  Said  body  shall  then  proceed  to 
reconsider  said  measure.  If  after  such  reconsideration,  a  majority  of  all 
the  members  elected  to  the'  city  council  vote  affirmatively,  in  favor  of  passing 
said  measure,  notwithstanding  the  veto  of  the  mayor,  it  shall  become  oper- 
ative notwithstanding  said  veto;  but  in  all  such  cases  the  vote  of  said  council 
shall  be  taken  by  yeas,  and  nays,  and  the  names  of  all  persons  voting  for  or 
against  said  measure  shall  be  recorded  in  the  journal  of  the  council.  Should 
the  mayor  fail  or  refuse  to  return  to  the  council  within  five  days  any  measure 
presented  to  him  for  approval  or  veto,  it  shall  become  operative  at  the 
end  of  said  five  days  just  as  though  approved  and  signed  by  the  mayor. 
Any  order,  resolution  or  ordinance  of  the  council,  requiring  more  than  a 
majority  of  votes  of  said  council  to  pass  in  the  first  instance  shall  require 
as   great   an   affirmative   vote   to  pass   over  the   veto   of   the   mayor. 

Mayor's  approval  of  appropriation  ordinances — Veto. — Sec.  122.  Every 
ordinance,  making  an  appropriation  or  authorizing  any  liability,  shall  before 
it  be  binding  and  operative,  be  presented  to  the  mayor  for  his  approval  or 
rejection.  He  may  approve  or  reject  the  whole  thereof,  in  which  event  the 
procedure  shall  be  the  same  as  in  the  preceding  section.  Or,  he  may  approve 
part  thereof  and  disapprove  or  reject  any  item  or  items  thereof,  and  in 
such  cases  he  shall  note  on  the  margin  thereof  and  opposite  such  item  or 
items  the  word  "Rejected"  and  shall  also  in  writing  state  what  item  or  items, 
by  reference  thereto,  he  has  disapproved  or  rejected  together  with  the  reason 
therefor.  The  city  clerk  shall  forthwith  strike  out  of  such  ordinance  any 
such  rejected  item  and  proceed  in  all  other  respects  as  if  such  rejected  item 
or  item.s  were  not  therein  contained.  At  the  next  regular  meeting  of  the 
council  he  shall  present  to  such  body  for  its  reconsideration  a  verbatim  copy 
of  all  such  rejected  items,  together  with  the  title  of  such  ordinance  and  other 
necessary  references  thereto  to  clearly  identify  the  same,  and  the  statement 
of  the  mayor  disapproving  and  rejecting  such  items.  If  after  reconsideration, 
the  council  shall  again  pass  such  rejected  and  disapproved  item  or  items  or 
any  one  of  them,  by  an  affirmative  vote  of  two-thirds  of  the  five  members 
elect  except  the  mayor,  then  the  city  clerk  shall  forthwith  publish  such  item 
or  items  repa.ssed  or  readopted,  together  with  the  title  of  such  ordinance  from 
which  the  same  were  taken  preceded  by  a  supplemental  statement  to  the 
effect  that  such  items  were  repassed  or  readopted  by  the  council  notwithstand- 
ing the  disapproval  thereof  by  the  mayor.  In  all  other  respects  the  pro- 
visions of  the  preceding  section  shall  apply  to  appropriation  ordinances. 


CIIAR'I'F.R  Ol"  Cl'l'^■  Ol'   ST.   I'AUL.  :.".i 

Publication  in  newspaper. — Sec.  123.  Except  as  herein  otherwise  provided 
every  ordinance,  adniinistraiive  ordinance  and  resolution  shall,  before  it 
becomes  operative,  be  published  in  full  in  the  oflicial  newspaper,  and  each 
shall  be  recorded  by  the  city  clerk  in  separate  books  for  each  class.  These 
shall  be  admitted  as  evidence  in  any  court  without  further  proof.  Resolutions 
may  be  published  with  the  dates  of  their  approval  without  appending  thereto 
the  signatures. 

The  council  niaj-,  by  an  administrative  ordinance,  provide  for  the  pub- 
lication in  the  official  newspaper  of  the  title  and  abstracts  of  the  contents  of  all 
ordinances,  (except  appropriation  ordinances),  administrative  ordinances  and 
resolution  instead  of  and  in  place  of  such  publication  in  full  as  hereinbefore 
provided.  In  the  event  of  the  publication  of  such  abstracts,  it  is  hereby  made 
the  duty  of  the  corporation  counsel  to  prepare  the  same  for  the  city  clerk. 

Proof  of  the  publication  of  any  ordinance,  administrative  ordinance  or 
resolution  shall  be  made  by  an  affidavit  of  the  publisher,  printer,  his  foreman 
or  his  clerk,  of  such  newspaper  with  a  printed  copy  of  such  publication  thereto 
annexed,  or  other  competent  proof  of  publication,  and  the  same  shall  be 
prima  facie  evidence  in  any  court  of  the  legal  passage,  enactment,  approval, 
publication  and  promulgation  thereof. 

Publication  in  volume. — Sec.  124.  As  .soon  as  practicable  after  the  first 
day  of  Januarj-  of  each  year  the  city  clerk  shall  cause  to  be  published  in  full 
and  in  a  separate  book  with  inde.x  thereto  every  ordinance  adopted  during 
the  preceding  year,  and  likewise  in  a  separate  book  every  administrative  ordi- 
nance, but  such  separate  books  may  be  bound  in  one  volume  or  under  the 
same  covers,  and  shall  constitute  part  of  and  be  known  respectively  as  the 
"Legislative  Code"  and  the  "Administrative  Code." 

Revisions. — Sec.  125.  The  council,  at  any  time,  may  make  a  complete  and 
thorough  revision  of  all  the  ordinances  of  the  city,  except  franchise  ordinances, 
and  omit  from  such  revision  all  appropriation  and  all  other  ordinances  not 
then  in  effect  and  adopt  such  revision  as  a  single  ordinance  and  publish  the 
same  as  a  separate  book  to  be  known  as  the  "Legislative  Code."  And  like- 
wise revise,  adopt  and  publish  all  administrative  ordinances  under  the  title  of 
■'Administrative  Code."  Such  books  may  be  published  and  issued  in  separate 
volumes  or  in  one  volume. 

General  Powers  of  the  Council. — Sec.  126.  The  council  shall  have  the  full 
management  and  full  control  of  the  property  and  finances  of  the  city  subject 
to  the  provisions  of  this  charter;  to  appropriate  money  for  city  purposes 
only,  except  as  herein  otherwise  provided,  and  .shall  have  full  power  and 
authority  to  make,  enact,  ordain,  establish,  enforce,  alter,  modify,  amend  and 
repeal  any  and  all  such  ordinances,  rules  and  by-laws  for  the  good  govern- 
ment of  the  city,  the  protection  of  its  property;  the  preservation  of  peace  and 
good  order,  the  suppression  of  vice  and  intemperance,  the  prevention  of 
crime,  the  benefit  of  trade  and  commerce,  the  preservation  of  health,  the 
prevention  and  extinguishment  of  fires,  and  to  promote  the  general  welfare, 
education,  comfort,  and  well-being  of  the  city  and  its  inhabitants.  The  enact- 
ment of  any  ordinance,  rule  or  by-laws  hereunder  shall  be  held  and  con- 
strued to  be  a  reasonable  and  lawful  exercise  of  the  powers  herein  granted. 

.  Specific  powers  of  council. — Sec.  127.  For  a  more  specific  enumeration 
and  definition  of  some  of  the  powers  granted  hereinbefore,  a  fuller  exposition 
thereof  and  as  an  additional  grant  thereto,  the  council  shall  have  the  power 
and   authority:  " 

A.     The  common  council  shall  have  power: 

1.  Eminent  domain — To  e.xercise  the  right  of  eminent  domain. 

2.  Purchase — To    accjuire    property    by    purchase    and    private    sale    as    by 

this  charter  provided. 

3.  To  acquire  property — To  acquire  and  take  real  and   personal  property 

by  gift,  devise  or  bequest  and   hold  and  employ  the  same  for  public 
purposes. 


30  CHARTER  OI'   CITY  OF  ST.  PAUL. 

B.     The  council  shall  have  power  by  ordinance: 

1  To  define,  license,  regulate  and  restrain: 

a.  Theaters,  halls,  exhibitions  and  shows  and  entretainments  of  all  kinds, 

b.  Dances  and  dance  halls. 

c.  Billiard   and   pool   rooms,  bowling   alleys   and   other   similar   places   and 

the  proprietors  and  keepers   thereof. 

d.  Hotels,  boarding  houses  and  restaurants. 

e.  Auctioneers  and  public  auctions. 

f.  Pawn   brokers. 

g.  Intelligence  and  employment  offices  and  agents. 

h.     Second-hand   stores    and   junk   shops   and    the     owners     and     managers 

thereof, 
i.     Hawkers,  peddlers,  porters,  runners,  agents  and  solicitors  for  common 

carriers,  express  companies,  hotels  or  other  establishments, 
j.     Ticket  agents  and  brokers  and  immigration  and  steamship  agents, 
k.     Draymen,   cartmen,  cabmen,  hackmen,  omnibus   drivers  and  chaufifeurs. 

1.  Vehicles    of    all   kinds   whatsoever,   and   the    use    of    the    streets,    public 

thoroughfares,  highways  and  places  by  such  vehicles;  and  also  the 
carrying  and  hauling  of  persons  and  property  for  hire.  All  monies 
realized  from  any  license  or  license  shereunder  shall  be  appropriated 
and  used  solely  for  the  purpose  of  repairing  and  keeping  in  good 
condition  for  travel  such  streets,  thoroughfares,  highways  and  public 
places  in  addition  to  such  other  monies  as  ma)-  be  appropriated 
therefor. 

m.     Vendors    or   dealers    in    inflammable    oils    or    substances,    firearms,    fire 
works  or  explosives  of  any  kind. 

n.     Vendors  of  meats,  vegetables  and  other  food  products. 

2.  To  regulate  the  size  and  weight  of  bread  sold  or  prepared  for  sale,  and 

the  manner  of  weighing  and  selling  hay. 

3.  Liquor  licenses. — To  license   and  regulate    except    as    herein    otherwise 

provided,  all  persons,  vending,  dealing  in  or  disposing  of  spirituous, 
vinous,  malt  or  fermented  liquors  and  all  places  in  which  the  same 
are  dealt  in,  vended  or  disposed  of. 

b.  To  prevent  or  prohibit  any  person  from  giving  or  dealing  in  spirituous, 

fermented,  malt  or  vinous  liquors  unless  duly  licensed  b)^  the  com- 
mon   council. 

c.  Patrol    limits — To    establish,    alter,    enlarge    and    contract    patrol    limits 

within  said  city  and  to  prevent,  suppress  and  prohibit  the  sale  or 
other  disposal  of  any  spirituous,  fermented,  malt,  vinous  or  other  in- 
toxicating liquor  within  such  limits,  except  by  duly  licensed  drug- 
gists for  medical,  mechanical  or  chemical  purposes  to  be  used  else- 
where than  upon  said  druggist's  premises.  Provided,  how^ever,  that 
•said  council  shall  never  grant  any  license  to  sell  or  otherwise  dis- 
pose of  any  such  spirituous,  fermented,  malt,  vinous  or  other  in- 
toxicating liquor  except  to  such  druggists  for  the  purpose  aforesaid 
within  the  limits  of  the  following  territory,  viz:  Sections  twenty- 
eight  (28)  and  twenty-nine  (29),  the  east  half  (^)  of  the  east  half 
(%)  of  section  thirty-two  (32).  and  all  of  section  thirty-three  (33) 
in  township  twenty-nine  (29),  range  twenty-three  (23)  and  the  east 
half  (^)  of  the  east  half  (yi)  of  section  five  (5)  and  all  of  section 
four  (4)  in  township  twenty-eight  (28)  of  range  twenty-three  (23), 
all  in  Ramsey  county,  Minnesota,  and  also  within  any  territory  within 
two  hundred  (200)  feet  of  any  of  the  boundarj'  limits  thereof,  nor 
W'ithin  a  distance  of  one-half  ('^)  mile  of  any  college,  university  or 
reformatory  institution  within  the  limits  of  the  new  territory  added 
to  said  city  by  Chapter  281  of  S.  L.  1885,  validated  by  Chapter  574, 
S.    L.    1889. 

4.  To  define,  prevent,  prohibit  and  suppress: 

a.  Gambling  and  fraudulent  practices  and  devices. 

b.  Drunkenness  and  obscenity. 


ClIAirri'.K  ();•■  C\'\'\  Ol'"  ST.  I'AUL.  :!1 

c.  Vagrancy,  mendicancy  and  prostitution. 

d.  Disorderly  houses,  hou.ses  of  ill  famq.  and  groggeries. 

e.  Riots,  noise  and  disorderly  assemblages. 

f.  Disorderly  or  mischievous  conduct,  or  conduct  annoying  or  dangerous 

to   others,  or  detrimental   to   the   rights  of  person   or   property. 

g.  Vice  and  crime. 

h.  All  practices  and  acts  whatsoever  inconsistent  with  the  preservation  of 
peace  and  good  order  and  the  just  rights  and  comfort  of  iIk-  in- 
habitants of  the  cit)-. 

5.  To  regulate  and  control,  prevent  and  prohibit: 

a.  The  use,  sale  or  offering  for  sale  of  firearms,  explosives,  or  fireworks 

or  the  use  or  exhibition  of  any  firearms,  fireworks  or  explosives  in 
any  place  which  may  be  considered  by  the  common  council  danger- 
ous or  annoying  to  any  citizen. 

b.  The    receipts,    storage,    transportation    and    traffic    in    anj-    inflammable 

oil    or    substance    or   any   explosives    within    said    city,    or    within    one 
mile  of  the  corporate  limits  thereof. 
^.     The  carrying  of  concealed  weapons. 

d.  The  running  at  large  of  any  animals. 

e.  The    encroachment   upon   or   obstructing   or    incumbering    of   any   high- 

ways, sidewalks,  public  grounds  or  levee. 

f.  The   cutting  of  ice  within  the   city  limits  and  the  sale  thereof. 

g.  The  burial  of  the  dead  within  the  city  limits  or  within  one  mile  beyond 

such  limits,  and  to  regulate  the  location  and  conduct  of  cemeteries 
and  crematories. 

h.     Places   of  bathing  and  'Swimming  in   the   waters   within   the   cit}'   limits. 

i.  The  landing  and  conveyance  of  paupers  and  persons  in  destitute  con- 
dition into  said  city  not  having  a  legal  residence  or  settlement  therein 
by  any  railroad  train,  boat,  vessel  or  other  means  of  conveyance, 
and  to  require  that  such  persons  .shall  be  taken  back  to  the  place 
from  whence  they  maj^  have  been  brought  by  the  person  or  persons 
conveying  or  leaving  them  in  said  city. 

j.     The  penning,  herding  and  treatment   of  all  animals   within   the   city. 

k.     The  emission  of  dense  smoke. 

6.  To  define,  regulate,  prohibit  and  abate  nuisances. 

7.  To  compel  owners,  agents  or  occupants  to  keep  all  buildings  and  prem- 

ises and  the  streets,  sidewalks  and  alleys  adjacent  thereto  in  a 
cleanly,  wholesome,  safe  and  passable  condition  and  to  regulate  the 
disposal  and  collection  of  all  refuse  whatsoever. 

8.  To  compel  the  registration  of  births  and  deaths  and  the   collection   of 

other  vital  statistics. 

9.  To    impose    a    tax   on    dogs    and    regulate    the    keeping    thereof    and    to 

authorize  the  destruction  of  the  same  in  a  summarj^  manner  when 
at  large  contrary  to  the  ordinance  and  to  provide  for  the  killing  of 
dangerous  or  vicious  dogs  and  to  punish  by  fine  or  imprisonment  the 
owner  or  keeper  of  any  such  dog  who  refusers  to  deliver  up  the  same 
to  be  killed  or  to  pay  the  tax  imposed  thereon. 

10.     Building  regulation  and  fire  protection. 

a.  To    regulate    the    construction,    alteration,    removal    and   jcpair    of    all 

structures  and  the  permanent  equipment  thereof,  and  to  provide  for 
the  safety  of  the  occupants  of  all  structures  and  all  property  in  the 
vicinity  thereof  against  danger  from  fire  or  panic  or  from  methods 
of  construction  or  installation  detrimental  to  life,  health  or  propcrt}\ 
and  to  prohibit  the  use  of  buildings  or  i)arts  of  buildings  when 
dangerous  to  life  from  collapse,  fire  or  apnic. 

b.  Fire   limits — prescribe.     To    prescribe,    contract   or    extend     the     limits 

within  which  wooden  buildings  or  buildings  of  other  materials  that 
shall  not  be  considered  as  fire  proof  shall  not  be  erected,  placed  or 
repaired:   to   direct   that   all   and   any   buildings   within   the   limits   pre- 


32  CHARTER  OF  CITY  OF  ST.  PAUL. 

scribed  shall  be  made  and  constructed  of  tire  proof  materials;  to 
prohibit  the  rebuilding  of  wooden  buildings  within  the  fire  limits 
when  the  same  shall  have  been  damaged  to  the  extent  of  fifty  per 
cent  of  the  value  thereof,  and  to  prescribe  the  manner  of  ascertain- 
ing such  damage.s. 

c.  To   prescribe    limits    wtihin   which    all    roofs    shall    be    covered   by    non- 

combustible  material. 

d.  Compel    the    installation   in    all    structures    of   devices,    appliances     and 

arrangements  for  the  preservation  of  life,  health  and  property. 

e.  To  regulate  the  storage  and  handling  of  all  combustible  or  other  sub- 

■  stances,  articles,  equipment  or  devices  affecting  the   fire   hazard. 

f.  To  license,  regulate,  prohibit  and  .suppress  the  erection  and  maintenance 

of  signs,  signboards,  billboards  and  fences. 

g.  To  establish  and  enforce  building  lines  and  to  regulate  the  height  of 

buildings, 
h.     To  regulate  the  measurement  and  inspection  of  building  materials  and 
of  fuel  of  all  kinds. 

11.  To   regulate   the   location   of   stock   yards,   slaughter   houses,    rendering 

plants,  .soap  factories,  tonneries,  stables,  privies  and  other  unwhole- 
some or  nauseous  houses  or  places. 

12.  To  designate  and  set  apart  certain  thoroughfares  as  parkways  or  boule- 

vards and  regulate  the  use  of  the  same  and  prohibit  hauling  heavy 
loads    thereon. 

C.  The  council  shall  have  power: 

1.  To  pass  all   ordinances  necessary   or  expedient   for  the   preservation   of 

health  and  the  suppression  of  disease,  to  prevent  the  introduction  of 
infectious  or  contagious  diseases  into  the  city,  and  to  make  and 
enforce  quarantine  laws.  The  jurisdiction  of  said  city  shall  extend 
to  and  be  enforced  over  any  lands  within  the  County  of  Ramsey 
purchased  or  used  by  said  city  for  the  purpose  of  a  quarantine,  for 
police  and  sanitary  regulation;  and  for  the  preservation  of  the  health 
of  said  city,  and  the  suppression  of  disease  and  abatement  of  public 
nuisances,  and  the  suppression  of  any  business  contrary  to  the 
sanitary  regulation  fo  the  common  council  or  the  commissioner  of 
health,  the  jurisdiction  of  said  city  shall  extend  for  a  circuit  of  one 
mile  beyond  the  present  or  any  future  limits  of  said  city. 

2.  Pass  any  other  ordinances  and  resolutions  necessary   to   carry  out  the 

intent  and  provisions  of  this  charter. 

D.  Penalties  and  enforcement   of  ordinances — The   council   shall   have   full 

power  and  authority: 

1.  To  revoke  for  misconduct  of  a  licensee  any  license  granted  under  thi« 

charter. 

2.  To  declare   and   impose    fines   and    penalties    and   to    enforce    the    same 

against  any  person  who  may  violate  any  of  the  provisions  of  any 
ordinance  or  resolution  and  all  such  ordinances  and  resolutions  are 
hereby  declared  to  be  and  have  the  force  of  law;  such  fines  and 
penalties  may  extend  to  a  fine  not  exceeding  one  hundred  dollars, 
or  imprisonment  in  the  workhou.se  not  exceeding  ninety  (90)  days 
or  both;  and  offenders  against  any  ordinance  or  resolution  as  afore- 
said may  be  required  to  give  security  and  to  keep  the  peace  not 
exceeding  six  months  and  in  a  sum  not  exceeding  five  hundred  dol- 
lars. 

3.  To   provide   by   ordinance   that   anyone   convicted   of  an   offense   before 

the  Municipal  Court  subjecting  such  ofifender  to  an  imprisonment 
under  the  charter  and  ordinances  of  said  city  may  be  kept  at  hard 
labor   in  the  workhouse  established  for  that  purpose. 


CHARTER  OF  CITY  01<  ST.  PAUL.  33 

4.  To  establish  by  ordinance  all  needful  regnlation.s  for  the  security  and 
discipline  of  such  persons,  provided  that  the  Municipal  Court  shall 
not  have  the  power  to  commit  for  vagrancy  any  persons  to  the  city 
prison,  city  workhouse  or  county  jail  for  a  longer  period  than  thirty 
days. 

E.     County  prisoners — Power  to  contract  as  to. — The  provisions  of  Chapter 
76   of  the  Special  Laws   of   Minnesota  1883   so  far  as  the  .same   relate 
•    to  the   contracts  for  the  confinement   and   board   of   county   prisoners 
is  hereby  in  all  respects  continued  in   full  force  and   effect. 

E.     Munic  pai  undertakings. — The    council   shall   have    power   by   ordinance: 

1.  Markets. — To   erect  and   maintain   market  houses   and   to  estbalish  mar- 

kets and  market  places. 

2.  Wharves  and  levees. — To  control,  regulate  and  cause  to  be  constructed, 

altered  and  maintained,  wharves  and  levees  and  grading  and  paving 
along  the  banks  of  the  Mississippi  river  within  the  city  limits.  To 
prescribe  and  control  the  prices  to  be  charged  for  wharfage  thereon; 
to  prevent  or  remove  all  obstructions  in  the  water  of  said  river  and 
to  regulate  the  landings,  levees,  wharves  and  piers  within  the  city 
limits  and  the  boats  and  vessels  landing  and  mooring  at  the  same, 
and  the  charges  therefor;  to  have  and  exercise  the  same  power  and 
control  over  the  said  river  within  the  limits  of  said  city  that  it  may 
possess  over  its  streets,  highways  and  alleys  so  far  as  such  power 
and  control  may  not  be  inconsistent  with  the  laws  of  the  United 
States  or  of  this  state. 

3.  Garage. — To  establish  and  maintain  a  garage  for  the  housing,  care  and 

repair  of  ail  automobiles  owned  by  the  city.  When  so  established 
such  garage  shall  be  under  the  management  and  control  of  the  Com- 
missioner of  Public  Safety  and  shall  be  subject  in  all  respects  to  the 
provisions  of  this  charter.  The  Commissioner  of  Public  Safety  with 
the  approval  of  the  council  may  contract  with  the  County  of  Ramsey 
for  the  housing,  care  and  repair  of  any  automobiles  belonging  to 
such  county. 

4.  Pounds. — To    estabish    and   regulate   public   pounds    and    to   provide   for 

the  empounding  of  animals  running  at  large  and  the  sale  of  un- 
claimed  animals. 

5.  Lighting. 

a.  To    provide    for   lighting   the    city   and   lighting   and    heating   all    public 

buildings  and  furnishing  power  thereto. 

b.  To  establish,  erect,  maintain  and  cause  to  be  operated  gas  works,  elec- 

tric lighting  and  power  plants  or  other  works  for  lighting  the  streets 
and  public  grounds,  and  lighting  and  heating  public  buildings  and 
furnishing  power  thereto  and  to  sell  and  furnish  light,  heat  and 
power  to  the  citizens  of  said  city  and  to  occupy  and  use  the  public 
streets  and  conduits  therein  in   connection   therewith. 

6.  To    purchase,    erect,    establish    and    maintain    conduits,    subways    and 

appliances  for  lighting  purposes,  the  u-se  of  which  conduits,  subways 
and  appliances  said  common  council  may  let  to  any  person,  firm  or 
corporation  contracting  to  light  said  city  or  part  thereof  for  a  term 
not  exceeding  said  contract. 

Provided,  however,  that  the  Commissioner  of  Pjjblic  Utilities 
stall  have  exclusive  power  and  jurisdiction  within  the  limitations  of 
this  charter  as  to  the  location  of  all  lamps. 

6.  Municipal  paving  plants. — To  provide,  maintain  .ind  cause  to  be  operat- 
ed under  the  supervision  of  the  Commissioner  of  Public  Works,  mu- 
nicipal quarries,  apparatus  and  other  facilities  for  the  manufacture, 
construction  and  laying  of  all  kinds  of  streets  pavements  and  side- 
walks. 


34  CHARTER  OF  CITY  OF  ST.  PAUL. 

7.  Sprinkling  plants,  etc. — To  provide,  equip  and  maintain  apparatus  and 
facilities  for  the  cleaning,  repairing  and  sprinkling  of  streets,  alleys, 
sidewalks,  sidelawns,  public  ground.s,  and  levees  and  for  the  collec- 
tion and  disposal  of  grabage  and  all  other  waste  material. 

Control  of  public  highways,  etc. — City  not  liable  for  railroad  accidents. — 

Sec.  128.  The  counci  Ishall  have  the  care,  supervision  and  control  of  all 
public  highways,  bridges,  streets,  alleys,  public  squares  and  grounds,  .sewers 
and  other  public  improvements  and  public  property  within  the  limits  of  said 
city,  except  as  in  this  charter  otherwise  provided,  and  shall  cause  all  streets 
which  may  have  been  opened  and  graded  under  the  authority  of  said  city 
or  with  its  assent  to  be  kept  open  and  in  repair  and  free  from  nuisances. 
The  city  corporation  shall  be  exempt  from  all  liability  caused  by  railroads 
either  to  persons  or  property  when  said  railroads'  engines  or  cars  are  passing 
along,  across,  under,  over  or  upon  any  street,  lane,  alley  or  other  public  way 
within  the  limits  of  the  City  of  St.  Paul. 

Vacation  of  streets,  etc. — Sec.  129.  The  council  of  said  city  shall  have 
the  .sole  and  exclusive  power  to  vacate  or  discontinue  public  grounds,  streets, 
i'.ileys  and  highways  within  said  city,  also  all  county,  territorial  and  state 
roads,  whether  actually  traveled  or  used  at  the  date  of  the  petition  for  vaca- 
tion or  not.  No  such  vacation  or  discontinuance  shall  be  granted  or  ordered 
by  the  coimcil  except  upon  the  petition  of  the  majority  of  the  owners  of  the 
property  on  the  line  of  such  public  grounds,  streets,  alleys  or  highways,  resi- 
dent within  said  citj',  save  that  a  corporation  whether  domestic  or  foreign, 
may  when  interested  join  in  and  verify  such  petition  by  an  officer  thereof 
and  be  counted  as  a  resident  for  the  purposes  of  this  section.  Each  petition 
provided  for  in  this  section  shall  bring  forth  the  facts  and  reasons  for  such 
vacation  accompanied  by  a  plat  of  such  public  ground.s,  streets,  alleys,  or 
highways,  county,  territorial  or  state  roads,  proposed  to  be  vacated  and  shall 
be  verified  by  the  oath  of  one  of  the  petitioners. 

The  council  shall  thereupon,  if  it  deem  it  expedient  that  the  matter  shall 
be  proceeded  with,  order  the  petition  to  be  filed  of  record  with  the  city 
clerk  who  shall  give  notice  by  publication  in  the  official  paper  of  the  city 
for  four  weeks  for  at  least  once  a  week  to  the  effect  that  such  petition  has 
been  filed  as  aforesaid  and  stating  in  brief  its  object  and  that  said  petition 
will  be  heard  and  considered  by  the  said  body  on  a  certain  day  and  place 
therein  .specified  not  less  than  ten  days  from  the  expiration  of  said  publication. 
Said  body,  at  the  time  and  place  appointed,  shall  investigate  and  consider  the 
matter  and  shall  hear  the  testimony  and  evidence  on  the  part  of  the  parties 
interested.  Said  body  thereupon  after  hearing  the  same  may  by  resolution 
passed  by  four-sevenths  (4/7)  affirmative  vote  of  all  the  members  elect  declare 
such  public  grounds,  streets,  alleys  or  highways,  county,  territorial  or  state 
roads  vacated.  Before  the  same  shall  go  into  effect  such  resolution  shall  be 
published  as  in  the  case  of  ordinances  and  thereupon  a  transcript  of  such 
resolution  and  of  said  plat  duly  certified  by  the  city  clerk,  shall,  before  the 
same  is  valid,  be  filed  for  record  and  duly  recorded  in  the  office  of  the  Regis- 
ter of  Deeds  in  the  County  of  Ramsey.  No  vacation  of  any  street,  alley  or 
public  grounds  in  said  city  shall  hereafter  be  allovved  except  upon  such  terms 
and  conditions  as  to  the  compensation,  if  any,  to  be  paid  by  the  persons  seek- 
ing such  vacation  or  otherwise  as  shall  be  specified  in  the  resolution  ordering 
such  vacation,  nor  shall  said  council  order  any  vacation  without  adequate 
compensation  to  said  ctiy. 

Provided  in  case  the  Plat  Commission  shall  have  approved  the  plat 
embracing  the  premises  proposed  to  be  vacated  which  plat  dedicates  to  the 
public  use  in  the  opinion  of  .said  council  land  equivalent  in  area  and  value  to 
the  premises  sought  to  be  vacated,  then  said  council  may  by  a  four-sevenths 
(4/7)  affirmative  vote  of  all  the  members-elect  accept  said  plat  and  pass  a 
resolution  of  vacation  and  after  said  plat  and  said  resolution  have  been  re- 
corded in  said  Register's  office,  said  vacation  shall  be  valid  without  the  pay- 
ment of  money  into  the  said  city  trea.sury.  Provided,  further,  however,  that 
vacations  and  discontinuances  of  such  county,  territorial  and  state  roads  may 
be  granted  upon  a  petition  of  a  majority  of  the  owners  of  property  through 


CllARTKR  Ol'  CITY  Ol'"  ST.  I'AL'L.  .  35 

vv-hich  the  same  or  the  portions  thereof  sought  to  be  vacated  exist,  when  such 
owners  have  platted  the  same  and  shall  have  provided  in  lieu  of  such  roads 
sufficient  streets  in  the  opinion  of  the  Commi.ssioncr  of  Public  Works  and  the 
council,  of  which  fact  the  approval  of  said  commissioner  and  the  acceptance 
of  said  plat  and  the  resolutoins  of  vacation  shall,  when  recorded  be  conclusive 
evidence. 

Lease  of  levee. — Sec.  130.  The  council  are  hereby  authorized  by  ordi- 
nance to  lease  to  any  person,  company  or  corporation  any  part  or  portion  of 
the  levee  known  as  the  West  Side  Levee  in  the  Sixth  (6th)  ward  of  the  City 
of  St.  Paul,  ^Minnesota,  as  the  same  is  designated  and  .shown  on  the  maps 
on  file  in  the  ofiice  of  the  Commissioner  of  Public  Works  of  the  City  of  St. 
Paul,  the  said  leases  to  be  for  such  purposes  and  upon  such  terms  and  for 
such  a  length  of  time  as  the  council  shall  prescribe;  provided,  however,  that 
such   leases   not  be   for  a   longer  term   than   live  years. 

Workhouse  authorized.— Sec.  i:Jl.  The  council  of  the  City  of  St.  Paul  is 
hereby  authorized  and  empowered  to  establish,  erect  and  maintain  a  work- 
house for  the  confinement  and  punishment  of  prisoners  sentenced  thereto  by 
the  Municipal  Court  of  the  City  of  St.  Paul,  or  the  District  Court  of  the 
Second  Judicial  District  of  Ramsey  county   (S.   L.   1S81,   Chapter   190,   Sec.   1). 

Nuisances. — Sec.  132.  The  powers  conferred  upon  the  council  to  provide 
for  the  abatement  and  removal  of  nuisances  shall  not  bar  or  hinder  suits, 
prosecutions  or  preceedings  in  the  courts  according  to  law. 

Miscellaneous  restrictions.— Sec.  133.  The  council  shall  have  no  power 
to: 

1.  New  or  salaried  offices.— Create  any  new  or  salaried  office  not  specified 

in  this  charter  or  in  any  manner  to  increase  the  salary  or  compensa- 
tion of  any  officer  who.se  salary  is  fixed  in  this  charter,  or  to  employ 
any  assistant  whereby  said  city  might  be  liable  for  any  .services 
rendered  or  attempted  to  be  rendered  in  performing  the  duties  im- 
posed by  law  upon  any  salaried  officer  of  said  city;  but  nothing  in 
this  charter  shall  prevent  said  city  and  its  officers  from  employing 
such  servants  from  day  to  day  and  from  month  to  month  as  are 
authorized  by  this  charter. 

2.  Disputed    demands    on    contracts. — Authorize    any    compromise    of    any 

disputed  demand  arising  out  of  contracts  or  any  allowance  therefor 
or  therein  except  as  provided  in  the  contract  therefor. 

3.  Damages   for  injuries. — Authorize   the   compromise   or   payment   of   any 

damages  claimed  for  alleged  injuries  to  persons  or  property  except 
by  ordinance  adopted  by  a  majority  of  the  members-elect  thereof. 

4.  The  council  cannot  relieve  or  exempt. — Relieve  any  person  or  corpora- 

tion from  the  payment  of  any  lawful  tax,  assessment,  fine  or  license, 
or  from  any  burden  impo.sed  by  law  or  order;  nor  shall  it  cause  to 
be  paid   any   demand   not  lawfully  authorized   and   duly  audited. 

CHAPTER    IX. 
Initiative    and    Referendum. 

Initiative. — Sec.  134.  Any  ordinance  may  be  proposed  by  petition  by  the 
qualified  electors  of  the  City  of  St.  Paul  equal  in  numbers  to  ten  per  cent  of 
the  electors  who  voted  for  mayor  at  the  last  preceding  city  election. 

Petition. — 'Sec.  13.5.  Such  petition  shall  completely  set  out  in  exact  lan- 
guage the  terms  of  such  proposed  ordinance.  It  shall  be  addressed  to  the 
council  and  shall  be  presented  to  and  filed  by  the  city  clerk.  In  all  other 
respects  said  petition   shall  conform  so  far  as  practicable,  to  the  requirements 


36  CHARTER  OF  CITY  OF  ST.  PAUL. 

for  recall  petitions  as  set  forth  in  the  sections  of  this  charter  relating  to  the 
recall. 

If  council  fails  to  pass. — Sec.  136.  Should  the  council  fail  to  pass  with- 
out change  within  sixty  days  of  its  presentation  by  petition  a.s  aforesaid,  any 
ordinance,  said  ordinance  shall  be  submitted  by  the  city  clerk  at  the  next 
flection  in  the  City  of  St.  Paul  whether  general  or  special,  city  or  state,  to 
the  qualified  electors  of  said  city  for  approval  or  rejection  as  herein  after 
provided,  provided  that  said  election  must  take  place  not  less  than  ninety 
days  after  said  petition  was  originally  presented  to  said  council.  If  the  peti- 
tion .submitting  said  ordinance  to  the  council  shall  be  signed  by  twenty-five 
per  cent  of  the  number  of  qualified  voters  who  voted  for  mayor  at  the  last 
preceding  city  election,  and  shall  so  request,  then  the  council  shall  within  120 
days  of  the  filing  of  said  petition,  in  case  the  council  fails  to  pass  said 
ordinance  as  aforesaid,  call  a  special  election  at  which  said  ordinance  shall 
be  submitted  to  the  voters  of  the  City  of  St.  Paul  for  approval  or  rejection. 
But  no  special  election  .shall  be  called  when  any  general  or  special  city  or 
state  election  occurs  within  one  year  subsequent  to  the  filing  of  said  petition. 

Referendum. — Sec.  137.  No  ordinance  passed  by  the  council  shall  go  into 
effect  until  the  expiration  of  thirty  days  after  it  has  been  passed,  approved 
and  published  unless  it  shall  be  necessary  for  the  preservation  of  the  public 
peace,  health  or  safety,  and  the  council  .shall  by  a  three-fourths  vote  or  all 
the  members  elected  declare  that  it  shall  go  into  effect  immediately  upon  its 
publication.  The  necessity  for  such  action  shall  be  stated  in  the  title  and 
in  a  section  of  such  ordinance.  If  within  thirty  days  after  the  passing,  ap- 
proval and  publication  of  any  ordinance,  a  number  of  the  qualified  electors 
of  the  City  of  St.  Paul  equal  to  eight  per  cent  of  all  the  electors  who  voted 
at  the  last  city  election  for  mayor,  shall  file  a  petition  with  the  city  clerk 
addressed  to  the  city  council  asking  that  .said  ordinance  shall  be  submitted  to 
the  voters  of  said  city  for  approval  or  rejection,  it  shall  be  so  submitted 
as  hereinafter  provided,  and  shall  not  go  into  effect  (except  in  cases  of 
emergency  as  herein  provided)  until  approved  by  a  majority  of  all  the  electors 
voting  thereon  at  a  general  or  special  city  election  within  the  City  of  St. 
Paul.  Should  a  majority  of  said  electors  vote  against  the  approval  of  said 
ordinance  it  shall  not  go  into  effect,  but  shall  be  boid  and  of  no  effect.  If 
by  action  of  the  council  as  aforesaid  any  ordinance  shall  be  declared  neces- 
sary for  the  preservation  of  the  public  peace,  health  or  safety,  and  it  shall 
be  provided  that  it  shall  go  into  effect  immediately  upon  publication  thereof, 
and  if  within  ninety  days  of  its  publication  and  taking  effect  a  petition  shall 
be  filed  as  aforesaid  asking  that  such  ordinance  be  submitted  to  the  voters 
of  the  City  of  St.  Paul  for  approval  or  rejection,  said  ordinance  shall  be  so 
submitted  and  if  a  majority  of  said  electors  voting  thereon  vote  to  reject 
.such  ordinance,  .said  vote  shall  effect  a  repeal  of  said  ordinance  from  and  after 
the  announcement  of  said  result.  In  like  manner  any  ordinance  not  an 
emergency  ordinance  may  be  repealed  on  referendum  vote  asked  for  by  peti- 
tion filed  as  aforesaid  within  ninety  days  after  the  publication  of  said  or- 
dinance. 

Referendum  petition. — Sec.  138.  Any  petition  demanding  a  reference  of 
any  ordinance  shall  refer  to  such  ordinance  by  the  number  thereof,  its  title, 
the  date  of  its  approval,  and  the  date  of  its  publication,  and  shall  also  briefly 
st;.te  the  subject-matter  of  said  ordinance,  and  it  may  give  the  reasons  for 
c^emanding  such  reference.  It  .shall  be  addressed  to  the  council  and  shall 
conform  so  far  as  practicable  to  the  requirements  specified  for  recall  peti- 
tions in  the  sections  of  this  charter  providing  for  recall. 

Shall  be  published. — Sec.  139.  The  council  shall  provide  for  the  publica- 
tion in  full  at  least  once  in  at  least  three  daily  papers  published  within  the 
City  of  St.  Paul  of  the  full  text  of  any  ordinance  submitted  under  this  chapter 
to  the  voters  of  the  city  for  approval  or  rejection.  Such  publication  shall 
take  place  not  less  than  ten  days  or  more  than  fifteen  days  before  the  date 
of   said    election       When    any    such    ordinance    is    to    be    so    submitted    at    any 


CHARTER  OF  CITY  OF  ST.  PAUL.  37 

special  or  general  election,  the  notices  of  said  election  shall  so  state  and 
shall  designate  said  ordinances 'by  number  and  title,  and  shall  set  forth  syllabi 
of  said  ordinances  prepared  by  the  corporation  counsel  of  St.  Paul. 

Budget  ordinance. — Sec.  140.  The  budget  ordinance  of  the  ordinance  pro- 
viding annually  for  the  support  of  the  government  of  the  City  of  St.  Paul 
shall  go  into  effect  immediately  upon  publication.  Said  ordinance  shall  not 
be  submitted  to  the  voters  of  St.  Paul  for  approval  or  rejection  on  petition 
or  otherwise,  provided  that  any  item  in  said  budget  making  appropriation 
for  new  outlay  shall  be  subject  to  referendum  in  the  same  manner  as  though 
it  were  not  part  of  said  budget  ordinance. 

Voluntary  reference. — Sec.  The  council  may  by  a  majority  vote  submit 
to  the  voters  of  St.  Paul  any  ordinance  without  petition  in  the  same  manner 
as  said  ordinance  might  have  been  submitted  on  petition. 

Repeal  of  ordinance  approved  by  voters. — Sec.  141.  No  ordinance  adopted 
by  the  coters  of  St.  Paul  on  tlieir  initiative  or  approved  by  said  voters  on 
referendum  shall  be  repealed  by  the  council  within  one  year  after  its  ap- 
proval nor  shall  it  be  repealed  at  all  except  upon  the  unanimous  vote  of  all 
the  members  elected  to  the  council  and  vsrith  the  approval  of  the  mayor  ex- 
pressed in  writing  or  by  a  majority  vote  of  all  the  electors  voting  thereon 
at  a  referendum  election  at  which  the  repeal  of  said  ordinance  is  submitted 
imder  the  provisions  of  this  chapter. 

Ballots. — Sec.  142.  The  ballots  used  in  voting  upon  any  measure  as 
provided  for  in  this  chapter  shall  «et  forth  in  full  the  title  thereof  and  state 
briefly  the  general  nature  thereof,  and  thereafter  in  larger  type  contain  the 
words,  "For  the  ordinance,"  (or  resolution  as  the  case  may  be)  and  "Against 
the  ordinance,"  (or  resolution  as  the  case  may  be)  and  shall  contain  a  square 
opposite  each  of  the  aforesaid  phrases  in  quotations  so  that  the  elector  Dy  a 
mark  in  the  square  may  indicate  whether  he  is  for  or  against  the  ordinance. 

Number  submitted. — Sec.  143.  Any  number  of  ordinances  may  be  sub- 
mitted at  the  same  election. 

Vote  necessary. — Sec.  144.  Any  ordinance  receiving  an  affirmative  vote 
in  its  favor  of  a  majority  of  all  the  electors  voting  thereon  shall  be  declared 
passed,  and  shall  be  in  force  from  and  after  such  declaration.  If  it  shall 
not  receive  such  majority,  it  shall  be  void  and  of  no  effect  from  and  after 
the  announcement  of  said  vote.  Where  two  or  more  conflicting  ordinances 
receive  a  majority  those  receiving  the  largest  affirmative  vote  shall  be  in 
force  and  effect  as  to  conflicting  provisions. 

Terms  defined. — Sec.  145.  For  the  purposes  of  this  chapter  the  term 
'ordinance"  shall  embrace  all  legislative  acts  of  the  council,  whether  they  be 
the  passing  of  new  measures  or  the  amendment  or  repeal  of  measures  there- 
tofore in  force. 

Duties  of  the  corporation  counsel. — Sec.  146.  On  request  of  the  city  clerk 
the  corporation  counsel  shall  prepare  forthwith  or  cause  to  be  prepared  sum- 
maries, or  syllabi  of  all  ordinances  or  resolitions  where  summaries  are  re- 
quired in  carrying  out  the  provisions  of  this  chapter. 

Enacting  clause. — Sec.  147.  The  enacting  clause  of  all  ordinances  in- 
itiated under  the  provisions  of  this  chapter  shall  be:  "The  people  of  :he 
City  of  St.   Paul   do  ordain."  " 

Items  voted  upon  separably. — Sec.  148.  Anj-  item  or  section  of  items  or 
sections  of  an  ordinance  or  resolution  which  may  be  separated  without  de- 
stroying said  resolution  as  a  whole,  may  be  made  the  subject  of  a  referendum 
the  same  as  an  entire  ordinance  or  resolution,  and  may  on  adverse  vote  be 
disapproved  or  repealed  as  may  an  entire  ordinance  or  resolution. 


232(«4 


38  CHARTER  OF  CITY  OF  ST.  PAUL. 

(  HAPTER    X. 

Franchises,  and  Modificaticns  Thereof. 

No  exclusive  franchise. — Sec.  149.  No  exclusive  or  irrevocable  franchise, 
nor  any  franchise  for  a  period  of  more  than  twenty  years,  shall  ever  be 
granted  by  the  City  of  St.  Paul. 

Referendum  thereon. — Sec.  150.  Nr.  fvanchise  shall  be  granted  by  the 
City  of  St.  Paul  except  by  ordinance  c-  me  council  approved  at  a  general  or 
special  election  by  an  affirmative  majority  of  the  qualified  electors  of  caid 
city  voting  thereon.  The  council  may  i,y  ordinance  pressed  by  an  affirmative 
vote  of  four-sevenths  of  all  the  members  elect  grant  a  temporary  license  to 
xise  the  streets  and  other  public  places  of  said  city  for  public  service  purposes 
for  a  period  not  exceeding  one  year.  Any  license  or  franchise  which  may 
hereafter  be  granted  by  the  City  of  St.  Paul  is  hereby  declared  to  be  subject 
to  all  provisions  of  this  charter  and  all  amendments  thereto  which  may  be 
hereafter  adopted,  and  to  all  laws  and  ordinances  in  force  within  the  limits 
of  the  City  of  St.  Paul.  Nothing  in  this  section  shall  be  so  construed  as  to 
relieve  the  holder  of  any  franchise  from  any  restriction  which  may  be  in 
force  at  the  time  of  the  adoption  of  this  charter.  When  the  total  income 
of  any  such  license  or  franchise  holder  named  in  this  section,  his  lessee  or 
assign,  from  business  within  the  City  of  St.  Paul  for  which  such  license  or 
franchise  was  granted  shall  not  exceed  the  sum  of  ten  thousand  dollars  for 
any  one  calendar  year,  then  .said  temporary  lessee  may  by  a  five-sevenths 
■affirmative  vote  of  all  the  members-elect  of  the  council  be  renewed  indefinitely 
for  one  year  from  year  to  year  in  the  discretion  of  the  council,  but  where 
such  total  income  exceeds  in  any  one  year  the  sum  of  ten  thousand  dollars, 
said  council  shall  have  power  to  give  but  two  renewals,  so  that  the  entire 
term   of  such  temporary  licenses   in   such   cases   shall   not   exceed   three   years. 

Time  for  renewal. — Sec.  151.  No  franchise  granted  by  the  City  of  St. 
Paul  shall  be  renewed  or  enlarged  until  within  one  year  before  its  expiration. 
Any  amendment  to  a  franchise  amounting  to  an  elargement  or  extending  of 
privileges  held  under  any  franchise  now  in  force,  or  hereafter  granted,  shall 
he  construed  as  the  granting  of  a  new  franchise; 

Franchise  no  part  of  capital. — Sec.  152.  No  person  or  corporation  granted 
a  franchise  by  the  City  of  'St.  Paul  shall  base  anj^  capitalization  or  collect 
.any  profits  upon  the  value  of  said  franchise,  it  being  the  intent  of  this  charter 
.to  restrict  all  franchise-holders  of  the  City  of  St.  Paul  to  a  reasonable  return 
upon  the  tangible  property  of  said  franchise-holder  in  use  within  the  City  of 
St.  Paul.  It  is  hereby  declared  that  all  franchise  granted  by  the  City  of  St. 
Paul  are  granted  for  the  sole  purpose  of  providing  the  people  of  St.  Paul 
v.'ith  needed  public  services,  and  that  the  value  of  said  franchise  and  all  ben- 
efits to  be  derived  therefrom  shall 'remain  forever  inalienably  the  property  of 
said  city  in  trust  for  said  people.  No  charges  or  profits  of  any  public  service 
corporation  doing  business  in  the  City  of  St.  Paul  shall  be  founded  upon 
unearned  increment  of  land.  All  franchises  granted  by  the  City  of  St.  Paul 
shall  define  clearly  and  fully  the  specific  rights  granted,  and  the  specific 
.streets,  alleys  and  other  .  laces  in  which  said  franchises  shall  be  exercised, 
and  no  grant  made  in  genL-al  '■erms  shall  be  valid,  and  no  privilege  shall  be 
granted  by  implication. 

Publication — Franchise  ordinances. — Sec.  153.  All  proposed  ordinances 
for  the  granting  of  franchises  shall  be  published  in  full  at  least  once  in  the 
official  publication  of  the  city  a  week  before  its  first  reading  in  the  council. 
No  proposed  ordinances  granting  a  franchise  shall  be  placed  upon  its  final 
passage  within  thirty  days  after  it  has  been  put  into  the  form  in  which  it 
shall  be.  passed  and  adopted. 

Fixing  charges — Gross  earnings  statement. — Sec  154.  In  the  granting  of 
any   and   all  franchises   the   City  of   St.   Paul   hereby   reserves   the   right   either 


CHARTER  OF  CITY  OF  ST.  PAUL.  3'J 

tliroLigh  the  council,  or  otherwise  as  provided  by  law,  to  regulate  the  rates 
to  be  collected  for  the  service  to  be  rendered  under  said  franchise.  If  it  be 
found  by  the  council  impracticable  or  undesirable  to  prescribe  such  rates  as 
will  prevent  franchise-holders  from  securing  any  benefit  from  the  value  of 
said  franchise,  then  -said  city  through  its  council  or  otherwise  may  impose 
such  tax  upon  gross  earnings  as  may  secure  for  said  city  the  full  benefit 
of  the  value  of  said  franchise.  The  City  of  St.  Paul  is  hereby  granted  the 
right  to  fix  rates  for  all  public  services  within  the  city. 

All  franchise-holders  exercising  any  franchise  in  the  City  of  St.  Paul  shall 
file  annually  on  or  before  the  first  Monday  of  February,  in  the  office  of  the 
City  Comptroller,  a  .statement  subscribed  and  sworn  to  by  at  least  two  officers 
ot  such  corporation,  or  by  the  individual  in  control,  in  case  such  franchise 
is  exercised  by  an  individual  or  co-partnership,  setting  forth  in  detail  for 
the  preceding  calendar  year  the  then  actual  cost  of  the  plant  or  business 
operated  by  said  corporation  or  persons,  the  actual  incumbrances,  debts  and 
obligations  thereon,  if  any,  the  names  and  residences  of  the  stockholders, 
and  the  amount  of  stock  held  by  each,  and  the  consideration  paid  therefor 
to  the  corporation;  the  names  and  residences  of  the  individuals  or  co-partner- 
ships; in  case  such  franchise  is  exercised  by  individual  or  a  co-partnership; 
an  itemized  statement  of  the  assets  and  liabilities  of  any  such  corporation; 
the  gross  earnings,  the  expenses  and  nature  thereof,  and  the  net  income  for 
such  calendar  year  of  any  such  corporation,  and  in  case  of  an  individual  or 
co-partnership,  of  the  business  done  under  such  franchise.  Such  statement 
shall  conform  to  such  forms  as  may  be  prepared  from  time  to  time  by  the 
city  comptroller.  Every  such  statement  shall  be  preserved  by  the  comptroller 
in  suitable  manner  for  public  inspection,  and  shall  be  open  to  public  inspection 
during  the  business  hours  of  the  comptroller's  office.  Every  such  corporation, 
individual  or  co-partnership  shall  also  file  in  the  office  of  the  comptroller 
from  time  to  time  such  further  and  additional  reports  and  statements  as  may 
be  required  by  the  council  relative  to  the  rates  charged  and  received  for 
public  service,  relative  to  the  character  and  frequency  of  such  service,  and 
relative  to  the  number  of  persons  using  such  service.  The  books,  records, 
bills  and  vouchers  of  every  such  corporation,  individual  or  co-partnership 
shall  be  open  to  inspection  and  examination  in  the  City  of  St.  Paul  by  such, 
officer  of  said  city,  person  or  persons  as  the  council  may  direct  Every  cor- 
poration, individual  or  co-partnership  who  fails  to  comply  with  the  provisions 
of  this  section  shall  be  liable  to  the  City  of  St.  Paul  in  the  sum  of  one  hundred 
($100)  dollars  for  each  day  of  such  failure,  to  be  recovered  in  a  civil  action  in 
any  court  of  competent  jurisdiction,  and  in  case  of  default  for  sixty  days 
an}^  such  franchise  shall  without  further  proceedings  become  forfeited,  and 
all  rights  granted  by  the  ordinance  granting  the  same  shall  cease  and  ter- 
minate. 

Gross  earnings. — Sec.  155.  Every  corporation  or  person  exercising  any 
franchise  or  privilege,  in,  over,  under,  or  upon  any  of  the  streets  or  public 
places  or  elsewhere  in  the  City  of  St.  Paul,  shall  pay  into  the  treasury  of 
said  city  annually  on  or  before  the  first  Monday  in  March  a  license  fee  in 
".  sum  equal  to  at  least  five  per  cent  of  the  gross  earnings  derived  or  accru- 
ing from  the  ercises  or  enjoyment  within  said  cit}^  or  any  franchise  or 
privilege  during  the  previous  calendar  year.  This  section  shall  apply  to  all 
franchises  granted  prior  to  the  adoption  of  this  charter  and  to  all  other  fran- 
chises unless  the  ordinance  granting  said  franchises  shall  exempt  the  grantees 
and  others  holding  through  or  under  them  from  said  tax. 

Grantee's  agreement. — Sec.  156.  No  extension,  modification-  nor  change 
of  any  franchise  or  privilege  heretofore  granted,  or  of  any  condition  or 
limitation  affecting  -such  franchise  or  privilege,  shall  be  valid  or  effectual  un- 
less the  person  or  corporation  holding  such  franchise  or  privilege  shall,  in 
writing,  agree  that  such  franchise  or  privilege  together  with  any  sucli  exten- 
sion, modification  or  change,  shall  be  held  and  used  subject  to  all  the  condi- 
tions and  limitations  in  this  charter  prescribed,  including  the  payment  of  a 
license  fee  of  at  least  five  per  cent  of  the  gross  earnings,  unless  said  franchise- 
holder  is  specifically,  relieved  of  said  payment  as  herein  above  provided. 


40  CHARTER  OF  CITY  OF  ST.  PAUL. 

Grantee's  acceptance  of  charter  provisions.^Sec.  157.  No  franchise  or 
privilege  shall  be  granted  to  any  person  or  corporation  now  holding  or  here- 
after acquiring  any  franchise  or  privilege  heretofore  or  hereafter  granted  by 
said  city,  unless  such  person  or  corporation  shall  in  writing  agree  that  -said 
franchise  or  privilege  so  held  or  acquired,  as  well  as  said  new  franchise  or 
privilege,  shall  both  be  held  and  exercised  subject  to  all  the  conditions  and 
limitations  in  this  charter  prescribed,  including  the  payment  of  said  license 
fee  of  at  lea.st  five  per  cent  of  the  gross  earnings,  unless  excused  as  above 
provided. 

Forfeitures. — Sec.  158.  Every  ordinance  granting  anj'  franchise  or  privil- 
ege as  aforesaid,  shall  provide  for  the  termination  and  forfeiture  of  said  fran- 
chise or  privilege  aforesaid  for  any  breach  or  failure  to  comply  with  any  of 
the  terms,  limitations  or  conditions  thereof;  and  in  all  such  cases  the  council 
shall  have  power  to  declare  the  termination  and  forfeiture  of  any  such  fran- 
chise or  privilege  the  same  as  though  in  each  instance  such  power  was 
expressly  reserved. 

Limitations. — Sec.  159.  No  person  or  corporation  shall  occupy  or  have 
any  special  rights  or  privileges,  in,  over,  upon  or  under  any  street,  highway, 
alley,  public  ground,  levee,  or  other  propert}^  of  said  city  unless  said  right 
is  duly  granted  in  the  manner  hereinabove  provided. 

Elevated  roads. — Sec.  160.  No  franchise  shall  be  granted  to  construct  or 
operate  any  steam,  or  elevated  railway  of  any  description,  or  on  anj^  street, 
public  grounds  or  levees  of  said  city  except  upon  petition  of  the  owners  of 
more  than  one-half  the  property  fronting  on  the  line  of  such  proposed  road. 

Street  maintenance  duties. — Sec.  161.  Every  grant  of  any  right,  privilege 
or'  franchise,  in,  over,  under  or  upon  any  of  the  streets,  alleys  or  public 
grounds  of  said  city  for  street  railway  purposes,  shall  be  .subject  to  the  con- 
ditions that  the  person  or  corporation  exercising  or  enjoying  the  same  shall 
sprinkle,  clean,  keep  in  repair  and  free  from  snow,  and  pave  and  repave  so 
much  of  the  streets  or  other  public  places  herein  mentioned  which  may  be 
occupied  by  such  street  railways,  as  lies  between  the  rails  of  each  railway 
track,  and  between  the  lines  of  double  track,  and  for  a  space  of  two  feet  out- 
side of  such  track. 

Additional  restrictions. — Sec.  162.  Said  City  of  St.  Paul  shall  have  the 
power  through  the  council  or  other  proper  manner,  to  impose  other  terms, 
conditions  and  restrictions  additional  to  those  prescribed  by  this  charter, 
upon  the  grant  of  any  such  right,  privilege  or  franchise  aforesaid,  including 
suitable  provisions  that  the  whole  or  any  part  of  the  propertj^  used  in  the 
exercise  or  enjoyment  of  any  right,  privilege  or  franchise,  shall,  upon  the 
expiration  thereof,  become  the  property  of  said  city  with  or  without  further 
compensation. 

Abandonment  of  franchises. — Sec.  163.  All  rights,  privileges,  and  fran- 
chises heretofore  granted  by  any  lawful  authority  in,  over,  under  or  upon  any 
of  the  streets,  highways,  alleys,  public  grounds  or  other  property  of  said  city, 
which  have  never  been  exercised,  or  which  have  been  abandoned  or  have 
been  disused  for  more  than  three  years  before  the  time  when  this  charter 
becomes  effective,  are  hereby  declared  to  be  forfeited  and  invalid.  Nothing 
in  this  paragraph  shall  be  construed  as  restoring  any  rights  forfeited  under 
any  former  law,  ordinance  or  charter. 

Cost  of  bridges. — Sec.  164.  All  franchises  for  street  or  interurban  rail- 
v/ays  hereafter  granted  shall  provide  that  any  such  railroad  shall  pay  to  the 
city  a  sum  not  less  than  five  per  cent  per  annum  so  long  as  such  franchise 
shall  exist  or  be  used  on  one-third  of  the  cost  of  any  city  bridge  over  which 
such  franchise  shall  extend.  In  the  event  any  application  is  made  for  a 
franchise  over  a  bridge  not  yet  built  or  completed,  the  council  shall  cause 
an  estimate  to  be  made  of  the  true  cost  of  such  bridge,  and  6uch  estimate, 
corrected  by   actual   figures   of  cost   when   the   same   is   available,    shall   be   the 


CHARTER  OF  CITY  OF  ST.  PAUL.  41 

basis  or  computation  for  fixing  the  amount  to  be  paid  for  the  franchise  over 
said    bridge. 

Carrying  of  firemen,  etc. — Sec.  165.  Every  street  railway  franchise  shall 
contain  a  provision  that  policemen,  firemen,  city  health  officers,  and  United 
States  mail  carriers,  when  in  uniform  and  in  the  discharge  of  their  duties  a-s 
such,  'Shall  be  carried  free  and  with  all  the  rights  of  passengers. 

Poles — Erection  of. — Sec.  IGG.  All  franchises  granted  to  any  person  of 
corporation  for  the  erection  of  poles  or  masts  on  or  along  the  streets  or 
other  public  places  of  the  city  for  the  conduct  of  electricity  or  for  telegraph 
or  telephone  purposes,  shall  contain  a  condition  and  stipulation  that  the  upper 
arm  of  all  such  poles  or  masts,  now  erected  or  to  be  erected  under  any  exist- 
ing franchise  in  the  city,  shall  be  reserved  for  the  exclusive  use  of  the  city; 
and  that  aii}^  franchise  granting  the  right  to  construct  conduits  in  or  under 
such  places  for  said  purposes,  or  any  other  purpose,  .shall  contain  a  provision 
that  a  reasonable  portion,  to  be  definitely  stated  in  the  ordinance  granting  the 
franchise,  shall  be  reserved  for  the  exclusive  use  of  the  city. 

Regulations  of  service. — Sec.  167.  The  grant  of  every  franchise  shall  be 
made  especially  subject  to  the  condition  that  the  council  shall  have  the  right 
with  rC'Spect  to  any  such  franchise  so  granted: 

(1)  To  require  the  elevation  or  depression  of  the  tracks  of  a  railway  or 
street  railway,  or  the  placing  underground  of  wires,  whenever  such  action  is 
deemed  by  said  council  necessary  in  the  interest  of  public  safety  or  con- 
venience. 

(2)  To  require  reasonable  extensions  of  any   public   service  system. 

(3)  To  make  such  rules  and  regulations  a.s  may  be  required  to  secure 
adequate  and  proper  service,  and  to  proAnde  sufficient  accommodations  for  the 
public. 

Council  powers — Present  franchises. — Sec.  168.  The  powers  hereinabove 
enumerated  as  express  provisions  of  future  franchises,  are  hereby  granted 
the  council  with  respect  to  public  service  and  franchises  now  existing  or 
heretofore  granted. 

Limits  of  franchises  grant. — Sec.  169.  The  granting  of  a  franchise  shall 
not  be  deemed  to  confer  any  right  to  include  in  the  charge  for  any  service 
any  return  upon  the  value  of  the  franchise  or  grant. 

Condemnation  provisions. — Sec.  170.  All  franchises  granted  by  the  City 
of  St.  Paul  shall  be  granted  subject  to  the  condition  that  the  grantee  shall 
have  no  right  to  receive  upon  a  condemnation  proceeding  brought  by  the 
city  to  acquire  for  the  city  the  public  utility  using  such  franchise,  any  return 
on  account  of  the  franchise  or  its  value,  or  any  return  for  good-will,  or  for 
any  other  things  whatsoever  except  the  tangible  property  used  in  connection 
v/ith  the  service  for  which  the  franchise  was  granted.  Franchise  values  shall 
not  be  capitalized  by  any  franchise  grantee  or  any  successor  of  such  grantee, 
and  the  measure  of  value  of  the  real  estate  used  for  said  service  shall  be  its 
value  when  first  used  in  said  service. 

Loans  on  franchises. — Sec.  171.  No  loan  made  to  a  grantee  of  a  fran- 
chise received  from  the  City  of  St.  Paul,  or  to  the  successor  of  such  grantee, 
shall  be  a  lien  upon  said  franchise.  If  any  loan  be  a  lien  upon 'the  property 
used  in  the  public  service  given  in  connection  with  said  franchise,  then  it 
shall  not  be  made  for  a  term  of  years  in  excess  of  the  term  of  the  franchise, 
and  said  entire  loan  shall  fall  due  before  the  expiration  of  the  term  of  said 
franchise.  Said  grantee  and  the  successors  of  said  grantee  shall  provide  that 
said  loan  shall  be  paid  and  wholly  liquidated  during  the  term  of  said  fran- 
chise, so  that  at  the  expiration  of  said  term,  all  of  the  propertj^  Ursed  in  con- 
nection with  said  franchise  shall  be  entirely  free  from  all  liens  and  obligations 
whatsoever. 


42  CHARTER  OF  CITY  OF  ST.  PAUL. 

Sale  of  franchise. — Sec.  172.  No  sale  or  lease  for  any  franchise  granted 
by  the  City  of  St.  Paul  shall  be  effective  until  approved  by  the  council 
by  five-sevenths  affirmative  vote  of  all  the  members  elect.  The  assignee,  or 
lessee  shall  prior  to  such  approval  file  in  the  office  of  the  city  clerk  an  in- 
strument duly  executed,  reciting  the  fact  of  the  sale  or  lease,  accepting  the 
terms  of  the  franchise  affected,  and  agreeing  to  perform  all  the  conditions 
required  of  the  grantee  thereunder.  The  assignee  or  lessee  shall  also  file  a 
bond  with  such  conditions  as  the  council  may  require  with  securities  satis- 
factory to  the  council,  which  ^shall  run  to  the  city  and  which  shall  be  con- 
ditioned to  discharge  the  obligations  and  liabilities  imposed  upon  the  grantee 
by  the  franchise.  Thereafter  the  council  shall  consider  and  amy  approve  or 
forbid  such  sale  as  the  interests  of  the  City  of  St.  Paul  may  demand. 

Relative  rights  of  franchise. — Sec.  173.  Every  franchise  shall  provide  that 
the  franchise  and  all  things  constructed  thereunder  or  used  in  connection 
therewith,  other  than  rolling  stock  and  power,  shall  be  subject  to  common 
use  by  any  other  grantee  or  assignee  of  any  other  franchise,  whenever  there 
shall  be  necessity  therefore  upon  payment  or  tender  of  compensation  for 
such  use.  The  question  of  necessity,  compensation  and  all  other  questions 
relating  thereto  shall  be  judicial  questions,  but  no  judicial  proceeding  shall 
•suspend  or  postpone  such  use  if  the  person  or  corporation  desiring  such  use 
shall  deposit  in  the  court  such  sum  as  the  court  in  a  preliminary  hearing  may 
determine. 

Objections  to  regulations. — Sec.  174.  Any  holder  of  a  franchise  granted 
by  the  City  of  St.  Paul  who  shall  question  any  order,  ordinance,  or  provision 
prescribing  conditions  or  regulations  in  connection  with  the  enjoyment  of 
such  franchise,  must  raise  such  question  or  issue  in  a  proceeding  in  court 
within  sixty  days  of  the  time  such  order,  ordinance,  prevision  or  regulation 
goes  into  effect. 

Powers  of  council  not  specified. — Sec.  175.  The  enumeration  and  spe- 
cification of  particular  conditions  or  restrictions  upon  the  granting  of  fran- 
chises by  the  City  of  St.  Paul,  and  their  enjoyment,  shall  not  be  construed  to 
impair  the  right  of  the  city  to  impose  upon  the  holders  of  such  franchise  such 
other  and  further  conditions  as  the  council  may  deem  proper  to  protect  the 
interests   of  the   city. 


("FI AFTER    XI. 

Legal    Department   and   Legal   Procedure. 

Corporation  counsel — Election — Term. — Sec.  176.  The  corporation  coun- 
sel shall  be  elected  by  the  council  on  the  second  Tuesday  in  July  of  each 
and  every  even  numbered  year,  beginning  with  the  year  1914.  His  term  of 
office  shall  begin  on  the  second  Tuesday  in  August  following  his  election, 
and  it  shall  be  for  two  years  and  until  his  successor  shall  be  elected  and 
qualified.  The  term  of  the  corporation  attorney  in  office  when  this  charter 
takes  effect  shall  terminate  on  the  second  Tuesday  in  August,  1914,  or  as 
soon  thereafter  as  his  successor,  the  corporation  counsel,  shall  be  elected  and 
qualified.  Coincident  with  the  qualifying  of  said  corporation  counsel  said 
office  of  corporation  attorney  shall  be  abolished. 

Assistants  and  clerks. — Sec.  177.  The  corporation  counsel  may  appoint 
such  assistants  as  the  council,  by  an  administrative  ordinance  shall  provide 
and  at  such  compensation  as  it  shall  fix,  and  for  acts  of  such  assistants  he 
shall  be  responsible,  and  each  of  them  shall  hold  office  during  the  pleasure 
of  corporation  counsel  and  shall  perform  such  duties  as  the  corporation 
counsel  shall  designate.  It  shall  be  the  duty  of  the  corporation  counsel  and 
his  assistants  to  give  their  whole  time  and  attention  to  the  discharge  of  their 
official   duties. 


CMARTKR  Ol"  CITY  OK  ST.  PAUL.  43 

Duties  of  corporation  counsel — Special  counsel. — Sec.  178.  The  corpora- 
tion counsel  shall  attend  to  all  the  legal  business  of  the  city.  He  shall  be 
the  adviser  of  the  mayor,  the  council,  and  all  city  officers,  and  when  requested 
by  any  thereof  shall  furnish  opinions  upon  such  legal  questions  of  the  busi- 
ness of  the  city  as  may  be  submitted  to  him.  He  shall  also  render  and  per- 
form such  other  legal  duties  as  may  be  prescribed  but  the  council.  All  officers 
of  said  city  are  prohibited  from  retaining,  feeing  or  employiug  any  other 
attorney;  provided,  that  in  any  case  in  which,  by  reason  of  interest,  the 
corporation  counsel  cannot  act,  or  in  any  case  of  special  or  unusual  circum- 
stances, neceS'Sitating  the  employmentof  special  counsel,  and  upon  the  written 
request  of  the  corporation  counsel,  the  council,  by  a  five-sevenths  vote  of  all 
the  members  thereof,  may,  by  resolution,  authorize  the  employment  of  an 
attorney  to  act  as  special  counsel  for  the  city  in  such  cases.  Said  resolution 
shall  fix  the  maximum  compensation  to  be  paid  for  such  service,  and  the 
person  .so  employed  shall  not  under  any  circumstances,  be  entitled  to  receive, 
and  shall  not  be  paid  as  compensation  for  his  services,  any  sum  in  excess  of 
the   amount   so   fixed. 

Actions  on  behalf  of  city. — Sec.  179.  All  actions  brought  to  recover  any 
penalty,  or  forfeiture  under  this  charter,  or  the  ordinances,  by-laws,  or  police, 
or  health  regulations  made  in  pursuance  thereof,  shall  be  broueht  in  the 
corporate  name  of  the  city. 

Fines,  imprisonment,  etc. — Sec.  ISO.  In  all  ca.ses  of  the  imposition  of  any 
fine  or  penalty,  or  of  the  rendering  of  any  judgment  by  the  judge  of  the 
Municipal  Court,  pursuant  to  any  ordinance  or  by-laws  of  the  said  City  of 
St.  Paul,  or  pursuant  to  any  provision  of  the  charter  of  said  city  as  a  punish- 
ment for  any  ofifense.  or  for  the  violation  of  any  by-laws  or  ordinances  as 
aforesaid,  the  ofifender  shall  be  forthwith  committeed  to  the  "workhouse  of 
said  citjr"  and  be  there  imprisoned  for  a  term  not  exceeding  three  (.3)  months, 
in  the  discretion  of  the  Judge  of  the  Municipal  Court,  unless  the  fine  or 
penalty  aforesaid  be  sooner  paid  or  satisfied,  and  in  all  cases  where  the  pun- 
ishment of  such  offender  shall  be  by  imprisonment,  such  imprisonment  shall 
be  in  the  said  "workhouse,"  and  from  and  after  the  time  of  arrest  of  any 
person  or  person  for  any  offense  whatsoever  until  the  time  of  the  trial  or 
hearing,  the  person  or  persons  so  arrested  may  be  imprisoned  in  the  com- 
mon jail  of  Ramsey  county,  or  in  the  city  prison,  and  in  all  cases  w^here  the 
said  judge  of  the  Municipal  Court  is  or  maj^  be  authorized  to  commit  any 
person  or  persons  for  any  cause  by  virtue  of  the  provision.s  of  the  charter  of 
said  city,  he  may  commit  such  person  or  persons  to  the  said  "workhouse." 

Appeals  by  City. — Sec.  181.  The  city  may  prosecute  an  appeal  in  all  cases 
to  the  District  Court,  or  to  the  Supreme  Court  of  the  state.  The  mayor,  in 
case  of  such  appeals,  or  in  any  action  or  proceeding  to  which  the  city  is  a 
party,  and  in  which  a  bond  may  be  necessary,  shall  execute  a  bond,  signed 
by  him  and  the  city  clerk,  who  shall  affix  the  corporate  seal  thereto,  condi- 
tioned as  may  be  necessary  in  such  action,  proceeding  or  appeal,  but  no  sure- 
ties or  justification  shall  be  required  for  .said  bond.  Nor  shall  the  city  be 
required  in  any  case  to  file  a  bond  or  give  other  security  for  costs. 

Not  incompetent. — Sec.  182.  No  person  shall  be  an  incompetent  judge, 
justice,  witness  or  juror,  by  reason  of  his  being,  an  inhabitant  of  said  city,  in 
any  proceeding  or  action  in  which  the  city  shall  be  a  party  in  interest. 

Process  in  suits  against  city. — Sec.  18?..  Whenever  any  suit,  action  or 
proceeding  shall  be  brought  against  the  City  of  St.  Paul,  the  summons  or 
process  shall  be  served  on  the  mayor,  and  it  shall  be  the  duty  of  the  mayor 
to  forthwith  inform  the  corporation  counsel  thereof,  who  shall  take  such 
other  proceedings  as  may  be  needful  to  defend  the  interests  of  the  city,  pro- 
A'ided  that  the  court  in  which  any  complaint  may  be  filed,  or  any  judge  thereof, 
may  in  his  di.scretion  direct  such  other  or  further  notice  of  the  pendency  of 
such  action,  to  be  given  by  publication  or  otherwise,  as  to  the  court  or  any 
judge  thereof  may  seem  meet  and  proper. 


44  CHARTER  OF  CITY  OF  ST.  PAUL. 

Notice  of  damage  claims. — ^Sec.  184.  Before  the  City  of  St.  Paul  shall 
be  liable  to  any  person  for  damages  for,  or  on  account  of  any  injury  or 
loss  alleged  to  have  been  received  or  suffered  by  reason  of  any  defect  in  any 
bridge,  street,  road,  sidewalk,  park,  public  ground,  ferry  boat,  or  public  vv^orks 
of  any  kind  in  said  city,  or  by  reason  of  any  alleged  negligence  of  any  officer, 
agent,  servant  or  employe  of  said  city,  the  person  so  alleged  to  be  injured, 
cr  some  one  in  his  behalf,  shall  give  to  the  council  of  said  city,  within  thirty 
days  after  the  alleged  injury,  notice  thereof;  and  shall  present  his  or  their 
claims  to  compensation  to  the  council  in  writing,  stating  the  time  when,  the 
place  where  and  the  circumstances  under  which  such  alleged  loss  or  injury 
occurred,  and  the  amount  of  compensation  or  the  nature  of  the  relief  de- 
manded from  the  city,  and  such  body  .shall  have  ten  days'  time  within  which 
to  decide  upon  the  course  it  will  pursue  with  relation  to  such  claim;  and  no 
action  shall  be  maintained  until  the  expiration  of  such  time  on  account  of 
such  claim  nor  unless  the  same  shall  be  commenced  within  one  year  after 
the  happening  of  such  alleged  injur}^  or  loss. 

Records,  printed  compilations,  etc.,  as  evidence. — Sec.  185.  Section 
twenty-two  (22)  of  sub-chapter  twelve  (12)  of  Chapter  one  (l)  of  the  Special 
Laws  of  the  State  of  Minnesota  for  the  year  1874,  in  the  following  words 
shall  remain  in  full  force,  to-wit: 

"The  files,  papers  and  records  in  the  office  of  the  City  Clerk,  City  En- 
gineer, Commissioner  of  Public  Works,  or  any  other  officer  of  said  city,  or 
copies  thereof  duly  certified  by  the  officer  having  the  same  in  charge,  proofs 
of  publication  of  all  notices,  resolutions,  orders  or  proceedings  of  the  common 
council  or  commissioner  of  public  works,  required  to  be  published  under  this 
act,  on  file  in  the  proper  office,  or  copies  thereof  certified  by  the  officer  having 
the  same  in  charge,  shall  be  received  and  read  in  evidence  in  all  courts  and 
places  without  further  proof.  All  printed  compilations  of  the  laws  and  ordi- 
nances of  the  city,  and  all  printed  publications  of  the  proceedings  of  the 
common  council  or  of  the  commissioner  of  public  works  or  any  of  the  officers 
cf  said  city,  if  published  or  purporting  to  be  published,  compiled  or  revised 
by  or  under  the  authority  of  the  said  city,  or  any  of  its  officers,  shall  be' 
admissible  in  all  courts  of  law  and  on  all  other  occasions  in  this  state  as 
evidence  of  such  laws,  ordinances  and  proceedings." 

Record  of  deeds  where  city  is  a  party. — Sec.  186.  Section  6  of  Chapter 
02  of  the  Special  Laws  of  the  State  of  Minnesota  for  the  year  1881,  in  the 
following  words,  shall  remain  in  full  force,  to-wit:  "That  it  is  hereby  made 
the  duty  of  the  register  of  deeds  of  Ramsey  county  to  record  any  deed  or 
any  other  instrument  in  which  the  grantor  or  grantee  is  the  City  of  St.  Paul, 
without  requiring  the  same  to  be  certified,  'taxes  paid  and  transfer  entered 
or  paid  by  sale  of  land  described  within,'  any  general  laws  of  the  state  to 
the  contrary  notwithstanding." 


("HAPTER    XII 

Commissioner   of   Finance. 

Custody  of  public  moneys  and  securities. — Sec.  187.  The  commissioner 
of  finance  shall  be  custodian  of  all  moneys,  and  also  of  all  promissory  notes, 
checks  and  other  commercial  instruments  for  the  payment  of  moneys  belong- 
ing to  the  city,  or  to  the  government  thereof  or  any  department  bureau  or 
activity,  and  all  other  commercial  instruments  for  the  payment  of  moneys 
belonging  to  the  city  or  to  said  departments,  bureaus  or  activities;  and  he 
shall  retain  the  same  until  they  shall  have  been  disposed  of  by  law.  No 
moneys  or  securities  in  this  section  mentioned  shall  ever  be  loaned  in  any 
manner,  save  as  the  deposit  of  said  money  in  banks,  or  the  temporary  invest- 
ment of  the  same  in  the  modes  provided  in  this  charter,  may  have  the  legal 
effect  of  a  loan  thereof.  Said  commissioner  shall  have  the  custody  and 
controls  of  the  city  treasury  and  shall  be  responsible  for  its  administration. 


CHARTER  OF  CITY  OF  ST.  i'AUL.  45 

May  appoint  deputy. — Sec.  188.  Said  commissioner  of  finance  shall  ap- 
point a  deputy  commissitMier  of  finance  at  a  salary  of  not  to  exceed  $2,000 
a  year,  and  may  place  in  his  hands  any  responsibility  or  function  in  connec- 
tion with  the  discharge  of  ofilicial  duties  which  may  be  placed  by  law  upon  said 
Lommissioner,  but  he  shall  be  responsible  to  the  City  of  St.  Paul  for  all 
official  acts  whatever  of  said  deputy  or  anj^  other  acts  which  may  affect  the 
interests   of  said    city. 

City  depositories — Regulations — Bonds. — Sec.  lS8-a.  The  commissioner 
of  finance  shall  deposit  daily  to  the  credit  of  the  city,  subject  to  payment  on 
demand,  all  moneys  or  funds  belonging  to  said  city  or  any  department,  bureau 
or  activity  thereof,  then  in  his  hand-s,  in  such  incorporated  banks  in  the  City 
of  St.  Paul,  national  and  state,  as  shall  be  determined  upon  and  designated 
by  the  sinking  fund  committee,  which  is  hereby  charged  with  the  duty  of 
designating  such  banks,  with  regard  to  their  financial  strength  and  safety; 
and  no  bank  shall  be  designated  which  has  been  reorganized  on  the  basis  of 
an  extension  of  time  for  the  payments  of  its  deporsits  or  any  other  of  its 
obligations  until  after  such  deposits  or  other  obligations  have  been  paid  in 
full.  Said  committee  shall  fix  the  maximum  amount  to  be  so  deposited  in 
any  one  bank  which  shall  not  exceed  one-third  of  the  amount  of  its  full  paid  and 
unimpaired  capital  stock  and  surplus.  Provided,  however,  that  if  the  funds 
or  moneys  on  hand  belonging  to  the  city  at  any  time  shall  exceed  the  total 
amount  which  pursuant  to  the  foregoing  limitations  can  be  deposited  in  all 
the  banks  designated  by  the  committee,  the  commissioner  of  finance  shall 
under  the  direction  of  said  committee  deposit  such  excess  in  such  bank  or 
banks  as  may  then  have  given  bonds  with  personal  sureties,  up  to  the  full 
amount  of  such  bonds  in  each  case.  The  said  committee  may  direct  the  com- 
missioner of  finance  from  time  to  time  in  what  bank  or  banks  to  make  de- 
posit and  to  what  amount,  or  amounts  within  the  limits  aforesaid,  and  from 
what  bank  to  withdraw  moneys  required  to  meet  the  obligations  of  the  city. 
All  checks  for  such  withdrawal  shall  be  signed  by  the  commissioner  of  finance. 

Before  any  moneys  are  deposited  in  any  bank  by  the  commis-sioner  of- 
finance  said  banks  shall  execute  to  the  City  of  St.  Paul  proper  bonds  fully 
securing  the  City  of  St.  Paul  in  double  the  amount  of  the  deposit  authorized 
by  the  sinking  fund  committee.  The  council  shall,  by  ordinance,  provide  in 
detail  as  to  the  form,  amount  and  the  sufficiency  of  sureties  upon  said  bonds; 
provided,  that  the  security  shall  be  at  all  times  ample  and  provided  that  the 
bond'S  are  conditioned  for  the  re-payment  to  the  city  by  any  and  all  deposit- 
ories on  demand  of  any  and  all  moneys  deposited  in  said  depositories  by  the 
commissioner  of  finance  or  any  other  officer  of  the  city  as  such.  Said  bonds 
shall  be  always  subject  to  the  approval  of  the  sinking  fund  committee  and 
of  the  council.  No  stockholder  in  a  bank  shall  be  accepted  as  surety  upon- 
the  depository  bonds  of  said  banks  unless  investigation  has  shown  that  his 
financial  responsibility  could  not  be.  senousl>  affected  by  the  failure  of  said 
bank.  All  said  bonds  shall  run  for  one  year;  and  shall  be  renewed  whenever 
required  by  the  sinking  fund  committee:  said  committee  may  demand  new* 
or  additional  bonds  whenever  it  may  see  fit. 

Sec.  189.  On  default  by  any  such  bond  in  the  condition  of  any  bond 
required  in  the  preceding  section,  it  shall  be  the  duty  of  the  comptroller 
and  of  the  commissioner  of  finance,  forthwith  to  notify  the  corporation  council 
and  mayor,  and  -said  corporation  council  shall  at  once  take  steps  to  enforce 
liability  upon  said  bond  and  save  the  City  of  St.  Paul  harmless  from  loss 
or  expense.  No  bond  given  by  any  city  depository  under  the  provisions  of 
the  preceding  section  shall  lapse  no  matter  what  the  limitation  may  be  con- 
tained therein,  until  it  is  superseded  by  a  good  and  sufficient  bond  to  take  its 
place. 

May  deposit  securities. — Sec.  190.  In  lieu  of  the  bonds  from  city  de- 
positories provided  for  in  this  chapter,  said  depositories  are  hereby  authorized 
to  deposit  in  the  office  of  the  comptroller,  with  such  assignments  or  powers 
of  attorney  as  maj^  make  them  available  at  any  time  said  sinking  fund  com- 
mittee may  wish  to  realize  upon  them  for  the  protection  of  the  city,  as 
security  for  city  funds  to  be   deposited  bonds  or  tax  levy  certificates   of  the 


46  CHARTER  OF  CITY  OF  ST.  PAUL. 

City  of  St.  Paul,  of  face  value  ten  per  cent  in  excess  of  the  maximum  amount 
of  city  funds  to  be  placed  in  said  depositories.  Until  said  bonds  are  con- 
A'erted  to  the  use  and  for  the  benefit  of  the  city  to  meet  the  failure  to  turn 
over  on  demand  any  deposit  of  city  funds  which  they  may  have  been  pledged 
to  secure,  they  shall  continue  to  bear  interest  for  the  bank  pledging  them, 
just  as  though  they  had  remained  in  the  custody  of  said  bank.  The  corpora- 
tion council  shall  prepare  and  the  council  shall  pa.ss  an  ordinance  giving  full 
effect  to  the  provisions  of  this  section. 

Withdrawals  of  deposits. — Sec.  191.  Said  committee  shall,  whenever  in 
its  judgment,  the  greater  security  of  the  city's  money  requires  it,  direct  the 
commissioner  of  finance  to  withdraw  money  from  any  city  depository  bank 
and  deposit  it  in  another  bank,  subject  to  the  limitations  aforesaid,  and  the 
commissioner  of  finance  shall  comply  at  once  with  all  directions  and  instruc- 
tions of  the  committee  given  in  pursuance  hereof.  Whenever  the  commis- 
sioner of  finance  shall  make  a  deposit  in  any  one  of  such  banks  the  latter 
shall  forthwith  transmit  to  the  comptroller  a  duplicate  deposit  slip  thereof 
signed  by  an  officer  of  the  bank  and  one  of  its  tellers;  and  the  commissioner 
of  finance  shall  forthwith  deliver  to  the  comptroller  an  itemized  statement 
of  the  sources  from  which  the  moneys  so  deposited  were  received;  and  it 
shall  be  the  duty  of  the  comptroller  so  to  keep  the  accounts  of  his  office  as 
to  show  the  amount  belonging  to  each  fund  on  deposit,  and  the  bank  or 
banks  holding  the  money  of  the  city  or  any  department,  bureau  or  activity 
thereof. 

Interest  on  daily  balances. — Sec.  192.  The  sinking  fund  committee  shall 
make  such  agreement  with  banks  receiving  city  deposits  as  to  collect  for  the 
benefit  of  the  city  the  maximum  amount  of  interest  on  daily  balances  con- 
.sistent  with  the  safe  keeping  of  city  funds.  The  commissioner  of  finance 
shall  not  be  responsible  to  the  city  for  losses  sustained  while  following 
strictly  and  in  good  faith  the  directions  of  the  sinking  fund  committee  and 
the  procedure  laid  down  in  this  chapter. 

Interest  on  deposits. — Sec.  193.  All  interest  or  other  form  of  gain  or 
advantage  accruing  from  the  deposit  in  banks  of  public  moneys,  shall  accrue 
to  the  city  for  the  benefit  of  the  general  fund;  and  the  acceptance  or  receipt 
by  any  officer  of  the  city,  or  bj^  any  employe  of  the  city  or  any  of  its  depart- 
ments or  bureaus,  of  any  interest  or  advantage  from  any  such  deposit  shall 
be  malfeasance  in  office  by  such  recipient. 

Recdrds  by  commissioner  of  finance. — Sec.  194.  Said  commissioner  of 
finance  shall  keep  a  full  and  complete  record  of  all  securities,  of  all  kinds 
coming  into  his  hands,  showing  the  disposition,  of  any,  thereof.  Whenever 
any  instrument  of  any  kind  shall  be  delivered  to  him,  he  shall  issue  duplicate 
receipt  therefor,  one  to  go  to  the  comptroller  and  the  other  to  be  counter- 
signed by  said  comptroller  and  delivered  to  the  person  surrendering  the 
instrument,  just  as  in  the   case  of  the  paying  of  funds  into  the  city  treasury. 

Appointment  of  subordinates. — Sec.  195.  Said  commissioner  of  finance 
shall  appoint  in  accordance  with  the  provisions  of  this  charter  such  assistants, 
officers  and  employes  as  may  be  necessary  for  the  performing  of  the  duties 
imposed  upon  him  by  this  charter,  by  any  valid  law  and  by  any  valid  ordi- 
nance of  the  council.  On  his  recommendation  the  council  shall  determine 
the  duties,  titled,  compensation  and  number  of  said  officers,  assistangs  and 
employes.  They  shall  be  under  the  direction  and  control  of  said  commissioner 
of  finance  and  he  shall  have  the  power  of  removal  and  promotion  under  the 
restrictions  imposed  by  the  chapter  in  this  charter  relating  to  the  civil  service. 

Powers;  additional  duties. — Sec.  196.  Said  commissioner  of  finance  shall 
perform  such  other  duties  and  exercise  such  other  powers,  not  inconsistent 
v^rith  the  provisions  of  this  charter,  as  the  council  may  by  ordinance  direct, 
or  this  charter  may  provide  for.  Wherever  in  any  law  of  the  state,  or  in 
any  ordinance  of  the  city  of  St.  Paul,  or  in  any  provision  of  this  or  any  other 
charter  of  the    City   of   St.   Paul,   the   city   treasurer   of  the   City   of   St.    Paul 


CHAR'I'I-'.R  Ol'  CI'I'V  Ol'  ST,  I'AL'L.  47 

has  any  duty  imposed  upon  him  which  may  continue  under  this  charter,  or 
i'3  vested  with  any  power,  that  duty  shall  be  performed  or  that  power  exer- 
cised by  the  commissioner  of  finance,  provided  for  in  this  charter.  Said 
office  of  city  treasurer  of  St.  Paul  is  hereby  abolished,  to  date  from  the  time 
when  the  commissioner  of  finance  first  selected  under  this  charter  shall 
qualify  and  take  over  the  duties  of  the  office  of  said  treasurer.  Wherever 
in  this  charter  the  term  "city  treasury"  ot  "treasurer"  is  used  in  such  a 
context  sense  as  to  imply,  impose  or  create  any  official  duty  or  responsibility 
in  connection  with  any  money,  property,  or  other  things  belonging  to  the 
City  of  St.  Paul,  or  in  which  said  city  is  in  any  manner  interested,  said  term 
or  terms  shall  mean  and  signify  "commissioner  of  finance,"  and  he  shall  be 
cnarged  personally  and  officially  with  the  implied,  created  or  imposed  duty 
or    responsibility. 

Commissioner  of  finance  shall  receive  moneys. — Sec.  197.  Except  as 
otherwise  provided  for  in  this  charter  or  by  the  state  laws,  all  moneys  pay- 
able to  the  city  or  to  any  department,  bureau,  or  activity  of  its  government, 
shall  be  payable  only  to  the  commissioner  of  finance;  and  all  moneys  pay- 
able by  the  city  or  by  said  departments,  bureaus  or  activities,  shall  be  payable 
only  by  him. 

Tax  settlements — Payments  to  the  city  by  the  county  treasurer. — Sec.  198. 
Section  twelve  (12)  of  chapter  ninety-three  (93)  Special  Laws  of  the  State 
01  Minnesota,  for  the  year  one  thousand  eight  hundred  and  eighty-one  (1881), 
as  amended  by  Section  seventeen  (17),  chapter  seven  (7),  Special  Laws  of 
the  State  of  Minnesota  for  the  year  one  thousand  eight  hundred  and  eighty- 
five  (1885)  is  in  the  words  following,  to-wit: 

"Section  12.  That  i-s  is  hereby  made  the  duty  of  the  treasurer  of  the 
County  of  Ramsey,  in  the  collection  of  taxes  to  keep  a  set  of  books  so  as 
to  show  at  all  times  the  exact  amount  of  money  received  for  the  City  of 
St.  Paul,  and  for  the  board  of  education  of  the  City  of  St.  Paul,  and  that 
all  taxes  received  by  said  county  treasurer  for  the  City  of  St.  Paul,  and 
for  the  board  of  education  of  the  City  of  St.  Paul,  shall  be  distributed  as 
collected  on  the  books  of  said  county  treasurer  to  the  credit  of  said  City  of 
St.  Paul,  and  the  board  of  education  of  the  City  of  St.  Paul,  and  fifty  (50) 
per  cent  of  the  penalties  received  by  the  county  treasurer  for  delinquent  taxes 
•shall  belong  to  and  shall  be  paid  to  the  treasurer  of  the  City  of  St.  Paul,  for 
the  use  of  said  city,  by  said  county  treasurer,  and  the  said  county  treasurer 
shall  on  the  first  of  each  and  every  month,  or  as  soon  thereafter  as  the 
same  may  be  demanded,  pay  over  to  the  city  treasurer  of  the  City  of  St. 
Paul  all  mone}^s  and  penalties  collected  the  previous  month  for  said  city, 
as  well  as  all  moneys  collected  for  the  board  of  education  of  said  city,  a-s 
shown  by  the  county  treasurer's  book  or  books." 

"And  it  is  hereby  made  the  duty  of  the  county  auditor  on  the  first  week 
day  of  each  and  every  month,  or  as  soon  thereafter  as  the  same  mey  be 
demanded,  to  draw  his  warrant  upon  the  county  treasurer  in  favor  of  the 
city  treasurer  for  all  moneys  in  the  county  treasury  belonging  to  the  City 
of  St.  Paul,  and  the  board  of  education  of  the  City  of  St.  Paul,  as  near  as 
the  -same  can  be  ascertained  from  the  books  of  the  county  treasurer." 

Sec  199.  Said  section  twelve  (12)  as  set  forth  herein  above  shall  remain 
in  full  force  and  effect,  provided  that  the  words  "city  treasurer,"  or  "treas- 
urer' of  the  City  of  St.  Paul,"  or  "city  treasurer  of  the  City  of  St.  Paul," 
wherever  these  or  any  of  them  shall  appear,  shall  mean  commissioner  of 
finance  of  the  City  of  St.  Paul,  and  the  funds  directed  to  be  ^aid  for  the 
benefit  of  the  board  of  education  of  the  Citj'-  of  St.  Paul  shall  be  paid  to 
said  city  for  the  use  of  its  free  public  schools.  And  provided  further  that  all 
penalties  and  interest  collected  on  assessments  for  local  improvements  by 
the  county  treasurer  shall  belong  to  the  cit}^  and  be  paid  over  to  the  com- 
missioner  of   finance. 


48  CHARTER  OF  CITY  OF  ST.  PAUL. 


CHArTEE    XIII. 


Budget — Public  expenditures. — Sec.  200.  It  shall  be  the  duty  of  the 
comptroller  not  later  than  August  15  of  each  year  to  transmit  to  the  city 
council  detailed  estimates  in  writing  of  the  expenses  of  the  city  for  the  next 
succeeding  fiscal  year,  and  of  the  revenue  necessary  to  meet  said  expenses. 
Said  comptroller  shall  have  full  power  and  authority  to  require  from  each 
head  of  an  administrative  department  of  the  City  of  St.  Pa-ul  or  other  person 
in  control  of  expenditures,  specific  estimates,  in  such  form  as  said  comp- 
troller may  prescribe,  of  the  expenses  of  his  department  for  the  next  suc- 
ceeding fiscal  year,  the  expenditures  of  the  department  for  the  six  months 
immediately  preceding  June  30  next  preceding,  and  for  the  last  preceding 
fiscal  year.  Said  estimates  shall  be  placed  in  the  hand.s  of  the  comptroller 
prior  to  August  1  of  each  year.  Said  estimates  shall  be  so  itemized  as  to 
show  clearly  the  amounts  to  be  raised  for  each  purpose  necessary  to  carry 
on  the  business  of  the  city.  At  the  .same  time  as  presenting  said  estimates 
of  expenditures,  the  comptroller  shall  also  submit  estimates  of  probable 
revenue  from  taxation,  probable  rate  of  direct  property  taxes  necessary,  and 
probable  amount  of  revenue  to  be  received  by  the  city  from  sources  other 
than  direct  taxation  for  the  next  succeeding  fiscal  year. 

In  said  report  of  budget  estimates  the  comptroller  -shall  divide  said  esti- 
mates into  the  following  funds; 

1.  "The  city  officers'  salary  fund"  from  which  shall  be  paid  the  salaries 
of  all  officers  of  the  City  of  St.  Paul  elected  by  the  electors  of  St.  Paul. 

2.  "Fund  for  salaries  and  expenses  of  the  mayor's  office." 

3.  "Fund  for  salaries  and  expenditures  of  the  corporation  counsel's 
office." 

4.  "Fund  for  salaries  and  expenditures  of  the  city  clerk's  office." 

5.  "Contingent  fund,"  which  shall  be  limited  to  $10,000  in  any  fiscal  year. 

6.  "Finance  commissioner's  fund,"  from  which  shall  be  paid  all  salaries 
and  expenditures  of  that  department. 

7.  "Police   fund"  to   meet  all   police  expenditures. 

8.  "Fire  fund"  to  meet  all  fire  bureau  expenditures. 

9.  "Health  fund"  to  meet  all  health  bureau  expenditures. 

The  commis'sioner  of  public  safetj^  shall  apportion  to  these  three  funds  in 
submitting  estimates  to  the  comptroller,  such  expenses  of  his  office  as  are 
not  properly  chargeable  exclusively  to  either  the  police  fund,  the  fire  fund  or 
the   health  fund. 

10.  "Commissioner  of  public  works  fund"  from  which  shall  be  paid  all 
the  salaries  and  expenditures  of  all  except  persons  working  by  the  day  or 
hour,  who  are  employed .  under  the  control  of  said  commis-sioner;  also  all 
expenditures  in  connection  wath  his  office. 

11.  "A  street  construction  and  repair  fund"  to  meet  all  expenditures  for 
street  construction  and  repair  charged  to   city  revenues  under  this  charter. 

12.  "A  sewer  construction  and  repair  fund"  to  meet  all  expenditures  for 
sewer  construction  and  repair  charged  to  city  revenues  under  this  charter. 

13.  "A  street  and  sewer  cleaning  fund"  to  meet  all  expenditures  for 
6treet  and  sewer  cleaning. 

14.  "A  bridge  building  and  repair  fund"  to  meet  all  expenditi:re  for  the 
construction  and  repair  of  bridges  charged  to  city  revenues  under  this  charter. 

15.  "A  public   school   fund"  to  meet   all   school   expenditures. 

16.  "A  public  library  fund"  to  meet  all  public  library  expenditures,  and 
all  expenditures  for  art  galleries  and  museums. 

17.  "An  Aitditorium  fund"  to  meet  all  expenditures  in  connection  with 
the    Auditorium. 

18.  "A  public  parks  fund"  to  meet  all  expenditures  for  public  parks  and 
squares  charged  to  city  revenue  under  this  charter. 

19.  "A  public  playground  fund"  to  meet  all  expendituures  for  public 
playgrounds  other  than  school  playgrounds  charged  to  city  revenue  under 
this  charter. 


CliARTKR  Oi-  CITY  OF  ST.  PAUL.  49 

20.  "A  public  building  fund"  to  meet  all  expenditures  in  connection  with 
the  office  of  inspector  of  buildings. 

21.  ''Commissioner  of  public  utilities  fund"  to  meet  all  expenditures  in 
connection  with  the  citj^  business  under  the  direction  or  the  control  of  said 
commissioner,  unless  provided  for  by  more  specific  funds. 

22.  "Public  lighting  fund"  to  meet  all  expenditures  for  public  lighting 
not  chargeable  to  a  more  specific  fund. 

23.  "Water  department  fund"  to  meet  all  expenditures  of  said  water  de- 
partment charged  to  city  revenue  or  the  revenue  of  said  department. 

24.  "Board  of  control  fund"  to  meet  the  city's  portion  of  board  of  control 
expenditures. 

25.  "A  city  hall  and  court  house  fund"  to  meet  the  city's  share  of  city 
hall  and  court  house  maintenance. 

26.  "An  interest  fund"  to  meet  all  current  interest  payments  due  by  said 
city  within  the  fiscal  year. 

27.  "A  sinking  fund"  to  provide  additions  to  the  sinking  fund  for  the 
payment  of  bonds  a,t  maturity.  The  city  is  hereby  authorized  to  place  such 
sums  in  thi.s  fund  from  year  to  year  as  will  be  sufficient  to  pay  off  all  bonds 
at  maturity. 

28.  "A  redemption  of  bonds  fund"  to  provide  for  paying  the  principal  of 
any  certificates  of  indebtedness,  whether  against  current,  general  or  special 
assessments  to  mature  within  the  year  and  which  are  not  otherwise  provided 
for,  and  also  for  paying  the  principal  of  any  bonds  to  mature  within  the 
year  which  cannot  be  paid  out  of  the  sinking  fund  and  which  are  not  to  be 
refunded  or  otherwise  renewed. 

29.  "A  judgment  and  compromise  fund"  to  provide  a  fund  for  the  pay- 
ment of  any  docketed  and  unpaid  final  judgments  again.st  the  city,  and  all 
disputed  claims  which  are  compromised  and  settled  before  judgment. 

30.  "A  comptroller's  fund"  to  meet  all  expenditures  in  connection  with 
the  comptroller's  office. 

31.  "A  general  fund"  which  shall  provide  for  all  necessary  expenditures 
in  connection  with  the  government  of  the  City  of  St.  Paul  or  any  of  its  de- 
partments, bureaus  or  activities,  charged  to  city  revenue,  and  not  provided 
for  in  the  funds  hereinabove  named.  Said  fund  shall  be  subdivided  in  said 
report  and  estimates  of  said  comptroller  and  specific  amounts  therein  shall 
be  provided  for  specific  purposes,  so  far  as  practicable.  Said  fund  may  con- 
tain an  item  of  $15,000  to  be  used  at  the  discretion  of  the  council  to  meet 
emergencies  due  to  disaster  or  catastrophe  of  extraordinar}-  charter  within 
the  City  of  St.  Paul  or  in  any  other  community.  It  may  provide  for  paying 
the  expenses  of  delegates  to  represent  St.  Paul  at  important  conventions  and 
gatherings  outside  the  city,  but  the  appropriation  for  said  purpose  .shall  not 
exceed  $3,000  in  any  fiscal  year. 

Limitations. — Sec.  201.  The  total  cost  of  the  goverment  of  the  Citj'  of 
St.  Paul  in  any  one  calendar  or  fiscal  year,  with  the  exception  of  the  amount 
necessary  to  meet  maturing  bonds  or  levy  certificates  or  similar  obligations 
as  they  come  due,  shall  not  exceed  $24  per  capita  for  each  inhabitant  of  said 
city,  provided  that  the  cost  of  operating  public  utilities  where  this  corst  is 
met  by  revenues  collected  from  patrons  for  the  service,  or  from  other  like 
revenues,  shall  not  be  considered  part  of  the  cost  of  said  goverment.  And 
the  council  shall  have  no  authority  to  make  appropriations  in  excess  of  the 
limitation  named  herein. 

To  determine  the  population  upon  which  this  per  capita  limitation  shall 
be  based,  the  comptroller  and  the  city  council  shall  take  the  United  States 
cen.sus  figures  of  population  for  St.  Paul  last  announced  previourto  the  com- 
pletion of  any  annual  budget,  and  shall  add  thereto  for  each  year  that  has 
elapsed  since  said  United  States  census  a  number  equal  to  one-tenth  of  the 
increase  in  the  population  of  the  City  of  St.  Paul  during  the  period  between 
said  census  and  the  last  previous  United  States  census.  It  is  the  intent  of 
this  section  that  this  limitation  shall  cover  all  govcrmentaj  outlay  as  well 
as  maintenance  of  government  whether  the  funds  are  supplied  by  taxation 
or  by  borrowing,  except  in  the  case  of  public  utilities,  as  above  excepted,  and 
in  the  case  of  local  improvements  paid  for  by  special  assessments. 


50  CHARTER  OF  CITY  OF  ST.  PAUL. 

Publication  of  report  and  public  hearing. — Sec.  202.  Upon  the  receipt 
ot  the  comptroller's  report  the  council  shall  cause  the  same  to  be  publi'Shed 
once  in  the  official  paper  of  the  city.  Ten  days  after  such  publication  said 
council  shall  hold  public  hearings  from  day  to  day  for  not  less  than  twenty 
days  at  such  times  and  in  such  manner  as  the  council  may  prescribe,  at  which 
ail  residents  of  the  City  of  St.  Paul  desiring  to  be  heard  may  be  heard  in 
reference  to  any  of  said  estimates  or  nay  item  thereof.  In  this  connection 
the  council  is  given  full  authority  to  establish  under  the  direction  of  the  city 
clerk  an  exhibit  of  diagrams,  models  or  other  devices  useful  in  explaining 
budget  items  to  the  public. 

Shall  fix  expenditures. — Sec.  203.  Upon  the  completion  of  said  hearings, 
and  not  later  than  December  15  of  each  year,  the  council  shall  by  ordinance 
to  be  adopted  by  a  four-seventh  vote  of  all  members  elected  to  said  council, 
fix  the  amount  of  expenditures  in  dollar  that  may  be  made  by  several  de- 
partments, bureaus  or  activities  of  the  city  goverment  of  the  City  of  St. 
Paul  during  the  next  following  fiscal  year.  In  fixing  said  expenditures,  said 
council  shall  specify  as  to  the  expenditure  from  each  of  the  funds  in  this 
chapter  provided,  and  shall  make  appropriations  in  fullest  practicable  detail 
designating  the  purpose  of  each  expenditure  as  specifically  as  may  be.  In  so 
fixing  expenditures  the  council  shall  follow  closely  as  to  items  the  estimates 
of  the  city  comptroller.  In  deternining  said  expenditures  said  council  shall 
not  increase  by  more  than  ten  per  cent  any  fund  beyond  the  estimates  of 
said  comptroller,  and  it  shall  not  increase  the  aggregate  of  all  appropriations 
more  than  three  per  cent  above  the  estimates  of  said  comptroller.  Said 
council  may  reduce  any  item  or  the  aggregate  of  all  items  as  much  as  it  may 
deem  consistent  with  public  interests.  If  the  council  shall  fail  to  fix  before 
December  31  of  any  year  the  amount  of  expenditures  for  the  next  succeeding 
hear,  then  the  amount  of  said  expenditures  for  the  succeeding  year  shall  be 
the  same  as  the  expenditures  for  the  year  in  which  such  failure  shall  occur. 

May  veto  items. — Sec.  204.  The  mayor  shall  have  power  to  veto  any 
item  or  items  in  said  ordinance  without  affecting  the  validity  of  any  other 
item  or  items,  and  it  shall  erquire  an  afifirmative  vore  of  five  councilmen  to 
pass  said  item  over  said  veto. 

Limitation — Temporary  loan. — Sec.  205.  No  department,  bureau,  activity, 
board  or  ofBcer  of  said  city  shall  have  power  or  authority  to  expend  any  of 
the  public  moneys,  or  to  incur  any  liability  on  behalf  of  the  city  in  any  fiscal 
year  in  excess  of  any  fund  or  of  any  item  of  any  fund  as  fixed  by  the  council 
except  as  hereinafter  provided.  Violation  of  this  section  shall  be  deemed 
malfeasance  in  ofifice  on  the  part  of  the  person  or  perosns  violating  it,  and 
shall  make  such  person  personally  liable  to  the  other  contracting  parties  for 
the  excess  for  which  said  person  has  attempted  to  bind  said  city.  Provided 
that  in  the  year  1914  when  this  amendment  goes  into  effect,  if  there  is  any 
officer,  bureau,  department,  or  activity  created  by  this  amendment  which 
is>  not  provided  for  in  the  budget  for  that  year,  then  the  council  may  by 
temporary  loan  provide  money  for  the  expenditures  of  said  ofBcer,  bureau, 
department  or  activity  and  said  council  shall  provide  for  the  payment  of 
said  loan  in  the  budget  for  1915.  Said  loan  shall  not  bear  interest  in  ex- 
cess of  six  per  cent  per  annum.  No  limitation  herein  contained  as  to  the 
total  expenditures  or  the  cost  of  city  government  shall  apply  to  the  levy 
of  taxes  to  pay  such  loan.  Should  any  part  (party)  of  the  general  fund  herein 
be  available  for  the  temporary  support  of  said  officer,  bureau,  department 
or   activity  for   the  year  1914,   the   council   may   so  apply  it. 

Emergency  appropriations.— Sec.  206.  In  the  event  of  destruction  of 
or  injury  to  public  buildings  or  structures,  by  fire,  flood,  tornadoes  or  other 
elemental  causes,  or  of  the  invasion  or  threatened  invasion  of  the  city  by 
epidemic  or  contagious  diseases,  or  of  any  other  sudden  and  unexpected 
emergency  wherein  the  funds  aporopriated  for  any  of  the  purposes  above 
and  in  this  charter  provided  for  become  inadequate  properly  to  protect  the 
public  interests,  the   council  bv  unanimous  vote  of  all  members  thereof  shall 


CHARTER  OI'  Cl'l'V  Ol'   ST.  I'AL'L.  51 

have  power  to  authorize  the  mayor  and  comptroller,  to  borrow  temporarily 
and  upon  such  terms  as  the  council  may  prescribe,  such  sum  or  sums  of 
money  as  the  council  may  by  unanimous  vote  of  all  the  members  determine 
to  be  necessary  to  meet  such  emergencjs  and  to  execute  and  deliver  to  the 
part}--  or  parties  making  .such  loan,  such  notes,  bonds,  or  other  evidences 
>oi,  indebtedness  as  the  council  may  prescribe.  The  payment  of  such 
temporary  loans  shall  be  provided  for  either  by  issuing  bonds  therefor  or  by 
tax  levy  within  one  year  from  the  date  of  such  loan.  The  limitations  of 
section  of  this  amendment  shall  not  apply  to  such  loan.  All  acts  of  the 
council  under  this  section  must  be  approved  by  the  mayor  and  the  comp- 
troller by  .signing  and  countersigning  the  ordinance  or  ordinances,  resolution 
or  resolutions  by  which  such  action  is  taken,  and  if  such  ordinances  or  ordi- 
nances, resolution  or  resolutions  are  not  .so  signed  and  countersigned,  they 
shall  be  void  and  of  no  effect. 

Unexpended  balances — Council  may  provide  for  retention. — Sec.  207. 
The  council  may  by  ordinance  provide  for  retaining  for  specific  purposes  by 
the  various  departments,  bureaus  or  activities  of  the  government  of  the  City 
of  St.  Paul,  of  balances  in  the  various  funds  at  the  end  of  the  year  after 
all  obligations  and  purposes  for  which  the  funds  were  appropriated  have 
been  provided  for.  Said  provisions  for  using  said  balances  shall  be  uniform 
for  all   departments,  bureaus   and  activities  of  the   city   government. 

Transfer  of  funds. — Sec.  208.  By  unanimous  action  of  the  council,  by 
resolution  approved  by  the  mayor  and  countersigned  by  the  comptroller, 
balances  remaining  in  budget  funds  may  be  transferred  from  item  to  item 
in  any  of  said  funds  when  by  doing  so  an  unavoidable  deficiency  in  one 
item  majr  be  met  by  said  transfer  without  hampering  the  work  provided  for 
by  the   money  in  the   item   from  which   the  transfer  is   made. 

Unexpended    balances    disposed   of. — Sec.    209.     All    unexpended    balances 

in  any  funds  in  the  treasury  at  the  end  of  any  year  shall  be  deducted  from- 
the  budget  appropriatons  for  the  next  year  for  the  funds  in  which  said  bal- 
ances appear,  before  these  funds  are  provided  for  by  tax  levy  or  other  source 
of  city  revenue.  All  other  unexpended  balances  shall  revert  to  the  gen- 
eral fund.  "Unexpended  balance"  as  used  in  this  chapter  means  money 
in  the  city  treasury  at  the  close  of  any  fiscal  year  to  the  credit  of  any  fund 
in  exces.s  of  the  requirements  for  meeting  the  expenditures  lawfully  charge- 
able to  that  fund  in  the  same  and  prior  years,  including  the  interest  and 
principal  of  all  tax  levy  certificates  that  may  have  been  issued  to  provide 
moneys   therefor. 

Miscellaneous  receipts. — Sec.  210.  The  comptroller  shall  include  in  his 
report  of  estimates  of  city  expenditures  to  the  council,  as  heretofore  pro- 
vided for,  estimates  of  the  probable  receipts  within  the  next  succeeding  year 
from  sources  other  than  general  city  taxation  and  special  assessments,  or 
where  money  is.  received  into  the  city  treasury  for  some  specific  use,  and 
shall  detail  in  such  report  how  said  estimate.s  may  be  apportioned  to  the 
funds  in  this  chapter  above  provided  for.  In  January  of  each  year,  after 
the  annual  appropriations  for  the  city  government,  and  all  the  departments, 
bureaus  and  activities  thereof  have  been  fixed  for  said  year  as  hereinabove 
provided,  the  council  shall  by  ordinance  apportion  as  jt  may  see  fit,  said 
miscellaneous  receipts  to  the  various  funds.  In  making  such  apportion- 
ment, specific  sums  shall  be  assigned  to  each  fund  participating  herein  other 
than  the  general  fund,  and  to  the  general  fund,  the  residue  of  the  miscel- 
laneous receipts  shall  be  assigned,  after  the  amounts  specificallj^  apportioned 
to   said  funds  .shall  be   paid. 

From  time  to  time  as  receipts  from  miscellaneous  sources  come  into 
the  treasury,  the  comptroller  shall  distribute  the  same  among  different  funds 
to  which  the  same  have  been  apporpriated  by  the  council,  so  that  each  fund 
authorized  by  the  council  to  share  in  the  receipts  _  shall  have  during  each 
fiscal  year  credited  to  it,  the  full  proportion  designated  by  the  council. 
Provided,  however  that  all  receipts  from  taxes  levied  by  chapter  285  of  the 
laws   of  1911,   shall  be   apportioned   as   therein   provided. 


52  CHARTER  OF  CITY  OF  ST.  PAUL. 

Property  subject  to  taxation. — Sec.  211.  All  property,  real  and  personal, 
within  the  city,  except  such  as  may  be  generally  exempt  from  taxation  by 
the  laws  of  the  state,  and  also  except  property  taxed  by  the  provisions  of 
chapter  285  of  the  laws  of  1911,  shall  be  subject  to  taxation  for  the  sup- 
port of  the  city  government  of  the  City  of  St.  Paul  and  all  departments, 
bureaus  or  activities  of  said  government  supported  or  provided  for  in  whole 
or  in  part  by  taxation,  and  said  property  shall  be  assessed  as  provided  by 
law. 

Tax  levy. — Sec.  212.  After  the  council  shall  have  made  the  apportion- 
ment .  of  revenue  from  miscellaneous  sources  among  the  several  funds,  as 
provided  in  thi.s  charter,  it  shall  not  later  than  the  month  of  January  in  each 
year  proceed  to  make  a  tax  levy  upon  all  taxable  property  within  the  city, 
as  nearly  as  may  be  equal  to  the  aggregate  amount  of  the  previously  made 
appropriations  for  each  of  the  funds  specified  in  this  chapter,  after  de- 
ducting therefrom  miscellaneous  receipts  assigned  to  it,  and  any  unex- 
pended balance  of  the  "^corresponding  fund  of  the  previous  year,  available  for 
said  fund,  and  also  such  further  sum  or  sum^s  of  money  as  the  council  may 
have  reason  to  believe  will  be  received  for  the  credit  of  said  fund  from 
any  other  source.  All  such  tax  levies  shall  be  itemized  and  the  amount 
levied   for   each    fund    be    separately    stated    therein. 

Copy  to  county  auditor. — Sec.  213.  After  making  of  such  tax  levy,  a 
duly  authenticated  copy  thereof  shall  be  forthwith  transmitted  by  the  city 
clerk  to  the  county  auditor  of  Ramsey  count}'-,  who  shall  cause  the  eaine 
to  be  entered  upon  the  tax  duplicate  of  said  county,  and  to  be  collected 
at  the  times  and  in  the  manner  prescribed  by  the  general  laws  of  this 
state   relating  to  the  levy   and   collection   of  taxes. 

Water  department  revenues  kept  separate. — Sec.  214.  All  receipts  and 
revenues  of  the  water  department  shall  be  kept  separate  and  distinct  from 
the  other  revenues  and  income  of  the  city,  and  shall  be  exclusively  applied 
to  the  payment  of  the  expense  of  conducting  the  business  of  th"at  department, 
the  repairs  and  maintenance  of  the  plant  and  property  constituting  the 
public  water  works,  the  payment  of  the  interest  and  principal  of  all  the  bonds 
heretofore  or  hereafter  issued  by  the  city  for  the  acquisition,  extension, 
renewal  or  improvement  of  said  works,  and  the  payment  for  such  future 
extensions  and  improvements  of  the  same   as  may  be  made  by  the  city. 

School,  library  and  Auditorium  revenues. — Sec.  215.  The  revenues,  if 
any,  derived  respectively  from  the  public  .schools  of  the  said  school  district, 
the  auditorium  or  the  public  library,  shall  belong  to  the  respectiatve  funds 
provided  for  the  maintenance  of  said   schools,  auditorium   and  library. 

The   public   funded    debt — Bonded    indebtedness — Interest — Sinking   fund. 

Sec.  216.  Save  as  provided  otherwise  in  this  charter  the  present  bonded  or 
permanent  debt  of  the  city  shall  not  be  increased;  nor  shall  any  new  bonds 
of  the  city  be  issued  except   as  provided  by  law. 

The  council  is  fully  authorized  and  empowered  to  provide  by  taxation 
for  the  prompt  payment  of  interest  and  for  a  sinking  fund  sufficient  to  meet 
such  bonds  of  the  city  at  maturity  whether  heretofore  issued  or  hereafter  to 
be  issued. 

Issue  of  bonds. — Sec.  217.  The  council  shall  have  power  by  a  five- 
sevenths  vote  to  authorize  the  issue  of  bonds  for  the  purpose  of  refunding 
bonds  previously  issued  as  the  same  become  due  if  the  funds  in  the  sink- 
ing fund  properly  applicable  to  such  maturing  bonds  are  not  sufficient  to 
pay  and  discharge  the  same;  and  also  for  the  purpose  of  creating  or  preserv- 
ing a  permanent  improvement  revolving  fund,  or  funds  as  provided  for  in 
this  charter.  All  refunding  bonds  so  issued  shall  be  negotiated  by  the  sink- 
ing fund  committee,  hereinafter  provided  for,  and  no  part  of  any  issue  of 
bond'S  either  for  refunding  other  bonds  or  creating  or  preserving  a  per- 
manent improvement  revolving  fund  or  funds  shall  be  sold  or  used  in  ex- 
change   for    bonds    of    a    previous    issue,    at    a    less    price    than    the    full    face 


CHARTER  Ol'"  C\'V\  OK  ST.  PAUL.  53 

value  thereof  with  accrued  interest,  nor  shall  any  bond  or  any  proceeds  of 
any  bonds  issued  for  refunding  or  renewing  bonds  of  a  previous  issue,  be 
used  for  any  other  purpose  than  of  retiring  or  renewing  such  prior  bonds. 
And  no  bond  or  any  part  of  the  proceeds,  of  any  bond  issued  for  the  pur- 
pose of  creating  or  preserving  a  permanent  improvement  revolving  fund, 
or  funds,  shall  be  used  for  any  other  purpose  than  the  specific  purpose  for 
which  the  same  may  be  issued.  No  other  bonds  shall  be  issued  unless  the 
council  by  a  five-sevenths  affirmative  vote  of  all  the  meinbers  elect  shall  vote 
to  issue  the  same  and  unless  the  question  whether  such  bonds  shall  be  is- 
sued shall  be  submitted  to  and  approved  by  a  majority  of  the  electors  voting 
upon  the  question  at  a  general  or  a  special  election. 

Provided  that  the  council  may  by  a  five-sevenths  affirmative  vote  of  all 
the  members  elect,  upon  request  of  the  water  board,  and  without  submitting 
the  question  first  to  the  voters  of  the  city,  issue  and  sell  bonds  of  the  city 
for  the  purpose  of  extending,  enlarging  and  improving  the  public  water 
works  plant,  and  the  water  works  system  owned  and  operated  by  the  said 
city,  but  no  more  than  $100,000  par  value  of  said  bonds  shall  be  issued  in 
any  one  calendar  year  and  not  more  than  $300,000  in  the  aggregate  shall  be 
authorized  under  this  clause. 

When  such  water  bonds  tor  any  of  them  are  issued  or  sold,  it  shall 
be  the  duty  of  the  water  board  to  make  suitable  provision  from  the  revenues 
of  said  water  plant  for  the  prompt  payment  of  all  current  interest  on  said 
bonds  as  the  same  accrues,  and  for  the  redemption  of  said  bonds  at  their 
maturity.  Provided  further  that  all  bonds  authorized  to  be  issued  by 
chapter  163  and  164  of  the  laws  of  1911.  may  be  issued  by  a  five-sevenths 
vote  of  the  council  and  without  'Submitting  the  same  to  a  vote  of  the 
electors  of  the  city,  and  said  chapters  163  and  164  are  each  continued  in 
full  force  and  efifect  notwithstanding  any  of  the  provisions  of  this  charter. 

No  bonds  shall  be  issued  except  for  the  purpose  of  refunding  maturing 
bonds  as  heretofore  provided,  when  thereby  the  aggregate  bonded  indebt- 
edness of  the  city  ov.er  and  above  any  bonded  indebtedness  held  in  the  sink- 
ing fund  and  bonds  issued  for  the  construction,  maintenance,  extension, 
enlargement  and  improvement  of  the  water  works,  or  of  the  lighting  plants 
or  other  public  utility  owned  and  operated  by  the  city,  or  for  the  acquisition 
of  property  needed  in  connection  therewith,  or  for  the  creation  or  mainten- 
ance of  a  permanent  improvement  revolving  fund,  or  bonds  or  certificates 
of  indebtedness  issued  for  the  purpose  of  anticipating  the  collection  of  general 
taxes  for  the  year  in  which  issued,  shall  exceed  ten  per  cent  of  the  taxable 
or  assessed  valuation  of  the  property  taxable  in  the  city;  but  this  limitation 
•shall  not  apply  to  the  amount  issuable  of  any  of  the  bonds  above  enumerated, 
which  are  excepted  from  the  class  of  bonds  making  up  such  ten  per  cent 
aggregate  bonded  indebtedness. 

Faith  and  credit  of  the  city  pledged. — Sec.  218.  The  faith  and  credit 
of  the  city  is  hereby  pledged  irrevocably  for  the  prompt  and  faithful  pay- 
ment of  the  bonded  indebtedness  of  said  city,  and  the  interest  thereon,  as  in 
the  bonds   provided. 

Sinking  fund. — Sec.  219.  A  sinking  fund  to  be  used  for  the  payment 
and  retirement  of  bonded  indebtedness  of  the  city  shall  be  and  is  hereby 
created  out  of  moneys  derived  from  the   following  sources: 

1.  Such  taxes  as  the  council  may  from  time  to  time  lawfully  levj-  for 
that  purpose. 

2.  Proceeds  of  the  sale  of  any  city  property  not  appropriated  within  a 
year  for  the  purchase  of  other  property  for  public  use.  ^ 

3.  Taxes  levied  for  any  department  which  may  cease  to  exist  without 
expending  the  funds  derived  from  said  taxes,  and  which  is  not  succeeded  by 
another   department   covering   the   same   general    work. 

4.  The  surplus  from  any  special  assessment  after  all  legal  demands 
upon   said  assessment  have  been   met. 

5.  Surplus  revenues  of  the  water  department  not  required  in  improving 
or  extending  the  water  works  or  in  paying  principal  or  interest  of  the 
specific   debt  incurred  on  account  of  said  department.     Provided   that  before 


.->4  CHARTER  OF  CITY  OF  ST.  PAUL. 

any  portion  of  said  water  department  surplus  is  added  to  the  general  city 
sinking-  fund  the  council  and  the  water  board  must  so  direct  by  unanimous 
action  of  all  members  elect,  and  the  mayor  and  comptroller  must  approve. 

6.  Any  other  moneys  coming  into  the  city  treasury  not  otherwise  ap- 
propriated by  law   or  by  this   charter. 

Sinking  fund  committee. — Sec.  220.  The  sinking  fund  shall  be  under  the 
management  of  a  committee  to  be  known  as  the  sinking  fund  committee 
composed  of  the  mayor,  comptroller  and  the  commissioner  of  finance,  of 
which  the  mayor  shall  be  ex-officio  president  and  the  comptroller  ex-officio 
secretary.  All  moneys  and  securities  belonging  to  this  fund  shall  be  kept 
entirely  separate  and  distinct  from  all  other  funds  belonging  to  the  city, 
and  records  and  accounts  of  the  same  shall  at  all  times  be  kept  showing  tlie 
exact  amount  and  condition  of  said  funds  and  containing  a  complete  de- 
scription of  all  securities  belonging  to  the  same.  And  the  comptroller  shall 
keep  full  and  accurate  minutes  of  all  the  proceedings  of  .said  committee  in 
a  book  to  be  provided  and  kept  by  him  for  that  purpose.  Said  committee 
shall  have  such  further  powers  and  duties  as  are  conferred  and  imposed 
upon  it  by  this  charter. 

Investments  from  sinking  fund. — Sec.  221.  As  fast  as  the  moneys  accumu- 
late in  the  sinking  fund,  the  sinking  fund  committee  shall  cause  them  to 
be  invested  in  securities  of  the  description  following  and  not  otherwise,  that 
is   to    say: 

1.  The  bonds  of  the   City  of  St.  Paul. 

2.  The   interest   bearing   certificates   of   the    City   of   St.    Paul. 

:>.     Interest  bearing  bonds  of  the  county  of  Ramsey  in  this  state. 

4.  Interest  bearing  bonds  of  the  state  of  Minnesota,  or  of  the  United 
States,  or  of  any  other  state  which  shall  not  at  any  time  previously  have 
defaulted   in   the   interest   and   the   principal   of  its   bonded   debt. 

5.  Interest  bearing  bonds  of  any  county  of  the  state  of  Minnesota, 
lawfully  issued  for  any  purpose  other  than  to  aid  in  the  construction  of  a 
railway,   or   to   refund   railway   aid  bonds   previously   issued. 

The  several  classes  of  investment  for  the  sinking  fund  shall  be  given 
preference  so  far  as  practicable   in  the  order  named   above. 

All  bonds  purchased  by  the  sinking  fund  committee  shall  be  .stamped 
"Property  of  the  City  of  St.  Paul  transferable  only  on  endorsement  of  the 
sinking   fund    committee." 

Sinking  fund  income. — ^Sec.  222.  The  gain  or  income  arising  from  any 
monej's  nr  securities  held  for  the  sinking  fund  shall  belong  to  the  said  fund 
and  used  for  the  same  purpose  as  the  moneys  or  securities  from  which 
said  .gain  arises.  p'  ^'^'"1 

Purchase  and  sales. — Sec.  223.  Members  of  the  sinking  fund  committee 
shall  make  all  purchases  for  the  sinking  fund  with  a  view  to  serving  the 
best  interests  of  the  city.  Funds  in  the  sinking  fund  applicable  to  the 
purpose  shall  be  used  for  the  purpose  of  paying  maturing  bonds,  and  all  bonds 
so  paid  shall  forthwith  be  canceled  and  filed. 

Attest  to  bonds — Coupons — Forms. — Sec.  224.  All  bonds  issued  by  the 
city  shall  be  signed  bv  the  mayor  and  countersigned  by  the  comptroller,  and 
have  thereto  attached  the  corporate  seal  of  the  City  of  St.  Paul  attested 
to  by  the  City  Clerk.  Coupons  issued  Avith  any  such  bond  may  be  authen- 
ticated by  the  engraved  signature  of  the  mayor,  and  the  counter-signature 
of  the  comptroller.  Except  as  otherwise  provided  by  law  the  form  of  bonds 
issued  by  the  city  shall  be  determined  by  the  sinking  fund  committee  with 
the    advice    of   the    corporation    counsel. 

Tax  levy  certificates — Certificates  of  indebtedness — Counsel  may  author- 
ize 80  per  cent  of  tax  levy. — Sec.  22.").  As  soon  as  the  tax  levy  for  anv  year 
lias  been  transmitted  to  the  county  auditor,  the  council  may  by  ordinance 
to  be  adopted  by  a  four-sevenths  vote  of  all  the  members  elect,  cause  to  be 
issued    and    sold   by   the    sinking   fund    committee    certificates    of   indebtedness 


CiiAR'IM-'.R  ()!•■  CrrV  ()!•■  S'l'.   PAUL.  55 

in  anticipation  of  the  collection  of  taxes  for  any  of  the  funds  named  in 
the  tax  levy;  but  tlie  total  amount  of  the  principal  of  all  such  certificate-s 
issued  in  any  one  year  for  any  fund,  shall  not  exceed  eighty  per  cent  of  the 
amount  included  in  the  tax  levy  of  the  same  year  for  such  fund. 

Maturity — Interest  rate — Denominations. — Sec.  226.  No  such  certificates 
shall  be  made  to  mature  at  a  later  date  than  the  fifteenth  day  of  November 
of  the  year  following  that  in  which  the  same  shall  be  issued  and  the  rate 
of  interest  shall  not  exceed  six  per  cent  per  year,  payable  semi-annually. 
The  certificates  issued  for  each  fund  shall  constitute  a  separate  series,  which 
shall  be  consecutively  numbered  and  state  upon  the  face  thereof,  the  fund 
for  which  the  same  are  issued  and  the  total  amount  of  the  tax  levy  for  such 
fund  for  the  year.  Such  certificates  may  be  issued  in  denominations  of 
$100  or  any  multiple  thereof  up  to  $5,000.  as  the  committee  may  from  time 
to  time  find  necessary  or  convenient  in  the  sale  of  such  certificates.  Such 
certificates  may  have  interest  coupon*  attached,  and  may  be  made  payable  at 
such  place,  to  be  fixed  by  the  council  as  shall  seem  best  calculated  to  pro- 
mote their  sale. 

Principal  and  interest  first  charge  upon  tax  receipts. — Sec.  227.  The 
principal  of  said  certificates  shall  be  payable  solely  out  of  the  taxes  levied 
for  the  fund  on  whose  account  such  certificates  were  sold,  and  for  the  cor- 
responding fund  in  prior  years,  and  the  liability  of  the  city  of  any  such 
series  of  certificates  of  the  coupon  issued  therewith,  shall  be  limited  to  the 
faithful  and  ratable  application  to  payment  thereof  of  the  amounts  of  such 
taxes  which  shall  be  collected  and  paid  into  the  city  treasury,  and  as  the 
same  are  received  by  the  treasury;  but  interest  at  the  rate  named  in  anj"^ 
such  certificates  shall  run  upon  any  unpaid  principal  thereof,  after  maturity, 
until  such  principal  and  the  interest  accruing  thereon  shall  have  been  fully 
paid  as  herein  provided  unless  the  holder  of  such  certificates  fail  to  present 
the  same  for  payment.  The  principal  of  the  series  of  certificates  sold  in  any 
one  year  on  account  of  any  fund,  shall  be  a  first  charge  on  the  moneys  re- 
ceived by  the  city  treasury  from  the  taxes  levied  for  such  fund  in  the  year 
in  which  such  certificates  were  sold:  and  no  part  of  such  moneys  shall  be 
used  for  any  other  purpose  until  the  principal  and  the  interest  of  such  series 
of  certificates  shall  have  been  paid  or  the  moneys  for  the  payment  thereof 
have  been  .set  apart  in  the  city  treasury.  All  interest  on  said  certificates  shall 
be  paid   out  of  the  interest  fund. 

Proceeds  of  sale. — Sec.  228.  No  part  of  the  moneys  arising  from  the 
sale  of  an}?-  such  certificates  shall  be  used  for  any  other  purpose  than  that 
of  the  fund  on  account  of  which  such  certificates  were  sold,  except  as  other- 
wise  provided  in  this   charter. 

Sale  of  certificates. — Sec.  229.  In  the  sale  of  such  certificates  the  sinking 
fund  committee  shall  .so  act  as  to  get  the  maximum  returns  for  the  city.  No 
certificates  shall  be  delivered  until  the  price  in  full  has  been  first  paid  into 
the  city  treasury.  Complete  records  of  all  sales  and  payments  shall  be  kept 
b}^  the  comptroller  and  the  commissioner  of  finance. 

Form  of  certificates. — Sec.  230.  Such  certificates  shall  be  signed  by  the 
mayor  and  countersigned  by  the  comptroller  and  shall  bear  the  corporate 
seal  of  the  city  attested  by  the  city  clerk,  and  .shall  bear  date  on  the  day 
of  issuance  thereof.  Said  certificates  shall  be  in  such  form  as  approved  by 
the  sinking  fund  committee  with  the  advice  of  the  c  ornnrate  counsel. 
Interest  coupon  for  interest  accruing  before  maturity,  and  signed  by  the 
mayor  and  countersigned  by  the  comptroller,  may  be  attached  to  such 
certificates.     Such  signatures  may  be  engraved  on  said  coupons. 

Minimum  price — Time  of  sale. — Sec  231.  No  .such  certificates  shall  be 
sold  for  less  than  par  and  accrued  interest  or  issued  after  the  close  of  the 
year  in  which  the  tax  levy  against  which  the  same  was  issued  was  made. 
Such  certificates  shall,  be  sold  at  such  time  or  times  on  or  after  the  fifteenth 
of  June   in    the   year  in   which   they   are   issued,   and   in    such   amounts   as   the 


oo  CHARTER  OF  CITY  OF  ST.  PAUL. 

sinking  fund   committee  may  deem   most   expedient  and   calculated  to   secure 
the  best  results  and  provide  for  the  needs  of  the  city. 

Surplus  moneys  may  be  invested. — Sec.  232. — The  council  may  by  reso- 
lution passed  by  five-sevenths  vote  of  all  the  members  temporarily  invest 
the  surplus  of  any  moneys  in  the  treasury  belonging  to  any  fund  in  the 
purchase  of  certificates  of  the  kind  aforesaid  issued  on  account  of  another 
fund;  and  any  such  certificates  so  purchased  shall  be  held,  collected  and 
paid  for  the  sole  use  and  benefit  of  the  fund  to  which  the  purchase  monej^ 
thereof   belonged. 


CHAPTER    XIV. 

Local   Improvements  and  Assessments  Therefor. 

General  Powers. — Sec.  233.  The  municipal  corporation  of  the  City  of 
St.  Paul,  bj'  and  through  its  council,  is  hereby  vested  with  and  authorized  and 
empowered  to   exercise    the   following   powers: 

(1)  From  time  to  time,  to  acquire  for  present  or  future  public  use  by 
purchase,  gift,  devise  or  condemnation  any  and  all  lands  or  easements  there- 
in  for  the   following  public  uses   and  purposes: 

(a)  For  parks,  public  playgrounds,  parkways  and  boulevards;  for  pub- 
lic markets,  public  buildings,  school  buildings,  hospitals,  museums,  art 
galleries,  libraries,  and  grounds  for  each  of  the  aforesaid  buildings;  for 
opening,  widening,  extending,  straightening  and-  altering  any  street,  lane, 
alley;  boulevard,  parkway  or  other  public  thoroughfare  or  highway;  for 
harbors,  levees,  boat  landings  ana  approaches  thereto;  for  garbage,  reduc- 
tion and  rendering  plants,  for  gas,  electric  lighting  and  power  plants,  and 
for  any  other  public  purpose  or  use. 

(b)  For  easements  in,  over,  under  and  across  the  property  of  persons 
and  corporations,  for  streets,  bridges,  approaches,  culverts,  viaducts,  ditches, 

.sewers,  wires,  mains  and  conduits  and  other  public  purposes  and  uses. 

(c)  For  easements  for  the  construction  of  slopes,  retaining  walls,  for 
cuts  and  fills  upon  real  property  on  any  .street,  boulevard,  parkway  or  other 
public  street,  thoroughfare  or  highway,  or  for  any  other  public  use  or  pur- 
pose. 

(2)  To  change  the  grade,  to  grade,  to  pave,  with  any  kind  of  material 
or  pavement,  to  curb,  to  boulevard,  to  wall,  to  bridge,  any  street,  alley, 
lane,  parkway,  boulevard  or  other  public  thoroughfare  or  highway;  and  to 
construct  and  lay  sidewalks  and  crosswalks  of  any  material,  to  construct  and 
lay  sewers  wherever  necessary;  to  construct  conduits  and  areaways  for  gas, 
telephone,  electric  and  other  wires,  and  other  instrumentalities  to  be  placed 
underground  in  any  street,  alley,  lane,  parkway,  boulevard  or  other  public 
thoroughfare  or  highway,  and  to  repair  and  replace  any  of  the  aforesaid  im- 
provements, now  or  hereafter  existing. 

(3)  To  drain  marshes,  ponds  and  swamps  and  fill  the  same;  to  abate 
nuisances;  to  grade,  fill,  improve,  protect  and  ornament  any  public  park, 
public  square  or  grounds;  to  plant  and  protect  ornamental  shade  trees  in 
any  street,  parkway  or  boulevard;  and  to  erect  and  install  ornamental  light, 
and  sign  posts,  and  drinking  fountains  in  any  square,  park  or  public  grounds, 
or  on  and  along  any  street,  parkway  or  boulevard:  and  to  repair  and  re- 
place any  of  the  aforesaid  improvements. 

Gradual  Condemnations — Building  lines. — Sec.  234.  In  the  opening, 
widening,  extension,  straightening,  or  alteration  of  any  street,  alley,  lane, 
boulevard,  parkway  or  other  public  thoroughfare  or  highway,  the  council 
may,  in  its  discretion,  and  by  a  four-sevenths  vote  of  all  its  members  elect, 
adopt  and  carry  out  the  following  procedure: 

(1)  Determine,  fix,  and  establish  certain  boundarv  or  building  lines,  on. 
over   and    along   any   street,    alley,   lane,   parkway,   boulevard,   or   other    public 


ClIAR'I^HR  01'  Cl'l'^'  Ol"  ST.  PAUL.  57 

thoroughfare  or  highway.  When  such  boundary  or  building  lines  shall  have 
been  determined,  fixed  and  established,  the  council  shall  thereupon  take  and 
condemn  or  order  the  taking  and  condemnation  of  anj^  and  all  land  or  lands 
being  and  lying  within  and  between  said  boundary  or  building  lines  separate 
and  distinct  from  any  building  or  structure  situated  on  said  land  or  lands. 

('2)  When  such  land  or  lands  shall  have  been  so  taken  or  condemned, 
the  council  shall  thereupon  forbid  and  prohibit  the  erection  or  construction 
between  such  boundary  or  building  Hne.s,  or  any  new  building  or  structure 
except  such  temporary  buildings  or  structures,  not  to  exceed  one-story  or 
twenty-five  (25)  feet  in  height,  as  such  council  shall  permit  or  allow,  for 
such  time  and  upon  such  terms  and  conditions  as  it  may  impose  or  provide, 
provided  however,  that  such  terms  and  conditions  shall  at  all  times  be  con- 
strued to  be  a  licen.se  only,  revocable  by  said  council  upon  thirty  days  notice 
thereof  to  such  licensee. 

(3)  When  the  council,  b5'-  ordinance,  shall  determine  that  any  street, 
alley,  lane,  parkway,  boulevard  or  other  public  thoroughfare  or  highway, 
containing  such  boundary  or  building  lines,  shall  be  opened,  widened,  ex- 
tended, straightened  or  altered  for  actual  public  use  and  enjoyment  to  its  full 
width  and  extent  or  to  the  limits  of  said  boundary  or  building-lines,  the 
council  shall  thereupon  take  and  condemn  or  order  the  taking  and  con- 
demnation of  any  and  all  permanent  buildings  or  structures  or  so  much 
as  may  be  nece^ssary,  remaining  or  standing  on  any  and  all  lands  being 
within  and  lying  between  such  boundary  or  building  lines,  and  at  the  same 
time,  remove  or  cause  the  removal  of  any  and  all  temporary  buildings  or 
structures  aforesaid. 

Cost  of  improvements — How  paid. — Sec.  235.  The  cost  of  any  one  or 
more  of  the  improvements  aforesaid  shall  be  borne,  met,  and  paid  for  by 
the  levy  of  an  assessment  or  assessments  therefor  upon  the  property  deemed 
benefited  thereby.  And  any  two  or  more  of  the  improvements  aforesaid  may 
be  made  at  the  same  time  and  part  of  the  same  proceeding,  and  the  assess- 
ments therefor  likewise  levied  and  collected. 

Provided  however,  that  nothing  herein  shall  prevent  the  council  from 
appropriating  sufiicient  money  from  the  general  funds  of  said  citv  to  pay 
the  cost  of  anv  improvement  of  street  intersections  and  crosswalks  there- 
for. 

Drainage  districts. — Sec.  236.  As  soon  as  practicable  the  commissioner 
of  public  works  shall  prepare  maps  and  charts  showing  the  natural  drainage 
areas  within  the  city  of  St.  Paul  and  report  the  same  to  the  council.  And, 
thereupon  the  council,  by  ordinance,  shall  carve  out  and  divide  the  city  into 
certain  drainage  districts  or  areas,  as  nearly  as  practicable  co-terminus  with 
the  natural  drainage  areas  of  said  city,  which  districts  shall  be  known  as 
"drainage  districts."  Thereafter  the  cost  of  any  main  or  trunk  sewer  drain- 
ing any  one  or  more  of  such  drainage  districts  shall  be  assessed  equally 
on  each  lot,  part  or  parcel  of  land  within  said  drainage  district  or  districts  in 
such  proportion  as  the  number  of  square  feet  contained  in  said  lot,  part  or 
parcel  of  land  bears  to  the  total  number  of  square  feet  contained  in  such 
district  or  districts  so  drained,  provided  however  that  each  and  every  lot. 
part  or  parcel  of  land  abutting  or  fronting  on  the  line  of  .such  main  or 
trunk  sewer  shall  have  been  first  assessed  the  approximate  cost  of  a  lateral 
sewer  necessary  to  drain  such  abutting  property  in  accordance  with  the 
benefits  conferred  thereon,  and  the  remainder  of  the  cost  of  said  main  or 
trunk  sewer  only  after  said  front  foot  assessment  has  been  deducted  shall 
be  assessed  upon  said  drainage  district  as  above  provided.  " 

Park  districts. — ^Sec.  237.  As  soon  as  practicable,  the  commissioner  of 
public  works  .shall  prepare  maps  showing  the  n,atural  topographical  areas 
and  divisions  of  the  city,  and  report  the  same  to  the  council.  Thereupon 
the  council,  by  ordinance,  shall  carve  out  and  divide  the  city  into  certain  areas 
or  districts,  not  less  than  three,  which  districts  shall  be  known  as  "park 
districts."  and  the  cost  of  acquiring  any  land  or  lands  for  or  the  making  of 
any  improvement  in   any  park,  play-ground  or  public  square  within  any  one 


58  CHARTER  OF  CITY  OF  ST.  PAUL. 

or  more  of  said  districts  shall  be  assessed  against   the   property   within   said 
district  or  districts  in  accordance  to  the  benefits  conferred  thereon. 

Lateral  sewer,  water  and  gas  connections. — Sec  238.  The  council  is 
hereby  authorized  and  empowered,  whenever  a  sewer  is  ordered  built,  to 
include  in  such  order  the  construction  as  far  as  the  property  lines  of  all 
lateral  connections  and  private  drains  that  may  be  deemed  expedient  or 
necessary,  or  whenever  a  'Street  or  other  public  highway  is  paved,  to  include 
in  such  order  the  construction  as  far  as  the  property  lines  of  all  sewer, 
water  and  gas  connections  that  may  be  deemed  expedient  or  necessary  and 
the  same,  except  gas  connections,  to  be  assessed  upon  the  property  speciallj'' 
benefited  thereby. 

Inauguration  of  Public  Improvements. 

Procedure. — Sec.  239.  Whenever  any  one  or  more  of  the  aforesaid  im- 
provements is  contemplated  or  desired,  it  shall  be  inaugurated  and  carried  out 
in  the   following  manner,  except  as  may  be  hereinafter  modified: 

Preliminary  order. — Sec.  240.  Upon  the  written  application  of  three  or 
more  interested  owners  of  property  which  may  be  subject  to  an  assessment 
for  benefits  for  an  improvement  or  iinprovements  set  out  in  such  applica- 
tion, or  upon  the  written  proposal  therefor  by  any  councilman,  the  council, 
by  a  resolution  to  be  known  as  a  "preliminary  order,"  mav  order  and  direct 
the  commissioner  of  public  works  to  investigate  the  necessity  for  or  de- 
sirability of  any  such  improvement  or  improvements  set  out  in  such  pre- 
liminary order,  the  nature,  extent  and  estimated  cost  of  each  such  improve- 
inents  and  the  total  thereof,  a  plan,  profile  or  sketch  of  each  thereof,  to- 
gether with  such  other  data  or  information  as  the  council  may  desire  or  re- 
quire, and  report  the  same  to  the  commissioner  of  finance.  The  said  com- 
missioner of  finance  shall  thereupon  forthwith  investigate  and  determine  what 
lots,  parts  or  parcels  of  land  or  real  property  may  be  assessed  benefits  to 
defray  the  cost  of  such  improvement  or  each  of  said  improvements,  the  total 
estimated  amount  of  such  assessment  for  each  improvement  and  the  total 
of  all  improvements,  together  with  a  statement  of  the  assessed  valuation  on 
each  lot,  part  or  parcel  of  land  or  real  property  as  last  reported  by  the 
county  assessor,  and  report  the  same  to  the  council  together  with  the  report 
made   to   him  by   the    said    commissioner   of    publ'c    works. 

Intermediary  order. — Sec.  241.  Upon  the  reception  of  such  report  from 
the  commissioner  of  finance,  the  council  shall  consider  the  same,  modify  or 
refer  the  same  for  further  information,  or  approve  the  same.  When  a  report 
shall  be  approved  or  adopted  the  council,  by  resolution  to  be  known  as  an 
"intermediary  order,"  shall  determine  to  proceed  with  the  same,  or  to  dis- 
continue the  same.  In  case  such  intermediary  order  'Shall  discontinue  such 
improvement  or  improvements,  then  thereupon  all  action  and  proceedings 
shall  fall  and  cease,  and  no  such  improvement  or  improvements  named  in 
the  preliminary  order  therefor  shall  be  again  inaugurated  or  made  except 
upon  a  new  preliminary  order,  and  no  such  preliminary  order  shall  be  intro- 
duced or  passed  for  a  period  of  six  (6)  months  after  the  adoption  of  such 
intermediary  order.  In  any  intermediary  order  which  shall  provide  for 
proceeding  with  such  improvement  or  improvements,  the  council  'Shall  state 
the  nature  of  the  improvement  or  improvements  which  it  recommends  and 
any  and  all  alternatives  therefor,  which  it  may  deem  advisable  together  with 
the  cost  of  each,  and  it  shall  also  fix  a  time  and  place,  not  less  than  twenty 
('20)  days  atfer  the  passage  of  such  order,  for  a  public  hearing  on  such  im- 
provement or  improvements. 

Not  less  than  ten  (10)  days  prior  to  the  time  set  for  such  hearing,  the 
commissioner  of  finance  shall  mail  to  every  known  owner  at  his  last  known 
address,  or  to  the  agent,  of  property  subiect  to  an  assessment  therefor,  a  post- 
card stating  the  time  and  place  for  such  hearing,  the  nature  of  the  improve- 
ment or  improvements  proposed,  and  such  other  information  as  the  council 
may   direct. 


CIIARTF.R  OK  CITY  C)I<  ST.  I'AUL.  .V.) 

Hearing — Final  order. — Sec.  242.  At  the  time  and  place  fixed  in  such  in- 
termediary order,  the  council  shall  hear  all  persons  and  all  objections  and 
recommendations  relative  to  the  improvement  or  improvements  named  in 
such  intermediary  order.  Thereafter,  the  council  may  reconsider  such  in- 
termediary order,  and  determine  to  discontinue  such  improvement  or  im- 
provements, or  it  may  proceed  to  adopt  a  resolution,  to  be  known  as  a  "final 
order,"  wherein  shall  be  stated  the  precise  nature,  extent  and  kind  of  im- 
provement or  improvements  which  shall  be  made,  and  instruct  and  direct 
the  commissioner  of  public  works  to  prepare  plans  and  specifications  there- 
for,   and    proceed   with   the   making   of    such    improvement   or    improvements. 

Petition  of  remonstrance. — Sec.  24.'i.  No  public  improvement,  the  cost, 
or  any  part  of  which,  shall  be  paid  by  an  assessment  on  the  property  deemed 
benefited,  shall  be  made  if  a  petition  of  remonstrance  as  hereinafter  pro- 
vided is  filed  with  the  council  at  any  time  prior  to  the  passage  and  adoption 
of  the  final  order  therefor.  And  no  further  action  shall  be  taken  therein 
and  all  proceedings  had  theretofore  shall  be  of  no  force  and  effect  and  no 
other  or  new  preliminary  order  for  such  improvement  or  improvements 
so  petitioned  against  shall  be  introduced  for  a  period  of  six  (6)  months 
from   and   after   the   filing  of  such   petition. 

Such  petition  shall  describe  the  improvement  or  improvements  and  shall 
be  signed  by  not  less  than  sixty  (60)  per  cent  of  the  resident  owners,  or 
their  agents,  of  such  property  aforesaid  representing  not  less  than  fiftj^  (50) 
per  cent  of  the  lineal  frontage  on  the  line  of  such  improvement,  or  when 
such  basis  .shall  be  impracticable  then  sixty  (60)  per  cent  aforesaid  represent- 
ing not  less  than  fifty  (50)  per  cent  of  the  parcels  of  land  so  assessed. 

Each  signer  shall  write  his  name  and  place  of  residence,  or  where  "an 
agent  shall  sign,  the  name  of  such  owner  by  his  agent  and  the  place  of, 
residence  of  such  owner,  give  a  description  of  the  property  owned  or  repre- 
sented, and  the  lineal  feet  frontage  of  the  same  when   required  as  aforesaid. 

Such  petition  may  consist  of  several  papers,  but  the  names  on  each 
separate  paper  or  portion  thereof  shall  be  certified  to  under  oath  by  one  of 
the    signers    thereof. 

Provided  however,  that  no  such  ,  petition  of  remonstrance  sliall  have 
any  force  or  effect  whenever  the  council,  by  a  resolution  adopted  by  a  five- 
sevenths  A'ote  of  all  its  members  elect  including  the  mayor,  and  adopted 
within  twenty  (20)  days  from  and  after  the  filing  of  such  petition,  shall  de- 
clare .such   improvement   or   improvements   to   be   a   public   necessity. 

Assessments  For  Local  Improvements. 

Preliminary  assessment. — Sec.  244.  After  the  cost  of  the  construction 
of  any  improvement  or  improvements  for  which  an  assessment  maj-  be 
levied,  has  been  determined  either  by  the  letting  of  a  contract  or  contracts 
therefor,  or  as  otherwise  provided  for  in  this  charter,  the  commissioner  of 
finance  shall  ascertain  the  amount  of  all  expenditures  for  published  notices, 
post-cards  theretofore  and  thereafter  to  be  incurred,  the  cost  of  all  con- 
struction work  including  an  estimated  amount,  not  to  exceed  two  per  cent 
of  the  cost  of  such  construction,  for  inspection,  all  court  fees  for  confirma- 
tion of  such  asses.sment,  and  other  disbursements,  and  thereupon  proceed  to 
assess  and  levy  the  total  amount  so  ascertained  upon  each  and  ever\-  lot. 
part,  and  parcel  of  land  or  lands  deemed  benefited  by  such  improvement 
or  improvements,  and  in  the  case  of  each  lot,  part,  or  parcel  of  land,  in 
accordance  with  the  benefits  deemed  conferred  thereon.  Upon  the  comple- 
tion of  such  assessment  the  .said  commissioner  shall  report  the  .same  to  the 
council. 

Final  assessment- — Sec.  245.  When  such  assessment  hereinbefore  pro- 
vided for  has  been  reported  by  said  commissioner,  the  council  shall  pro- 
ceed to  consider  the  same,  revise,  modif}^  or  refer  same  to  said  commissioner 
for  revision  or  modification.  After  such  assessment  is  satisfactory  to  the 
council,  it  shall  by  resolution  approve  the  same,  and  thereupon  fix  a  time  and 
place  for  a  public  hearing  on  the  same,  which  .shall  not  be  less  than  twenty 
(20)     days     after     the     adoption     of    such    resolution.      The    commissioner    of 


60  CHARTER  OF  CITY  OF  ST.  PAUL. 

finance    shall    forthwith   give   notice    of   such    hearing   in    the    same    manner   as 
hereinbefore  in  section  241. 

At  such  hearing  or  any  time  thereafter  the  council  may  modify,  revise 
amend  such  assessment,  and  when  such  assessment  is  satisfactory  to  the 
council,  it  shall  thereupon  by  resolution  ratify  such  assesment  and  order  the 
same  to  be  submitted  to  the  District  Court  for  confirmation  as  hereafter 
provided. 

Judicial  Confirmation. — Sec.  246.  Upon  the  ratification  of  such  assess- 
ment as  hereinbefore  provided,  the  commissioner  of  finance  shall  file  a 
certified  copy  of  such  assessment  with  the  Clerk  of  the  District  Court  in  and 
for  Ramsey  County,  and  such  assessment  roll  shall  contain  a  description 
of  such  improvement  or  improvements  as  shown  by  the  Final  Order  for 
which  such  assessment  was  levied,  the  names  of  the  persons  whose  names 
each  lot,  part  or  parcel  of  land  stands  assessed  as  shown  by  the  last  assessed 
valuation  thereof  by  the  County  Assessor,  a  description  of  each  parcel  and 
the  amount  of  the  assessment  against  the  same  set  opposite  thereto.  The 
filing  of  such  assessment  roll  shall  have  the  same  effect  as  the  filing  of  a 
complaint. 

Thereafter  the  said  commissioner  of  finance  shall  cause  to  be  pub- 
lished at  least  once  in  the  official  paper  of  said  city,  a  notice  in  the  following 
rorm    and    manner: 

"STATE    OF    MINNESOTA,  )        DISTRICT    COURT. 

>  ss. 
County   of  Ramsey.  )         Second  Judicial    District, 

THE  STATE  OF  MINNESOTA,  to  all  persons,  companies,  or  cor- 
porations who  have  or  claim  any  estate,  right,  title,  or  interest  in,  claim  to 
or  lien  upon,  any  nf  the  following  parcels  of  land  described  in  the  list  hereto 
attached: — • 

The  list  of  assessments  on  real  property  for  the  local  improvements  or 
improvemients  made  in  the  City  of  Saint  Paul  known  and  described  as, 
follows: — (Here  insert  the  nature  of  the  improvement  or  improvements  as 
shown  by  the  Final  Order,)  has  been  filed  in  the  office  of  the  clerk  of  the 
district  court  of  said  county,  of  which  that  hereto  attached  is  a  copy.  There- 
fore, you,  and  each  of  you,  are  hereby  required  to  file  in  the  office  of  the) 
said  clerk,  on  or  before  the  twentieth  (20th")  day  after  the  publication  of  this 
notice  and  list,  j^our  answer,  in  writing,  setting  forth  any  objection  or  defense 
you  may  have  to  the  confirmation  of  such  assessment,  or  any  part  thereof, 
upon  any  parcel  of  land  described  in  said  list,  and  in  default  thereof,  said 
assessment  will  be  confirmed  and  judgment  will  be  rendered,  but  not 
docketed,  for  assessment   on   said  list   appearing  against  it. 

(Signed)     

Clerk  of  the  District  Court  of  Ramsey  County. 
(Here  insert  list). 

As  to  platted  property,  the  form  of  heading  shall  conform  to  circum- 
stances  and   be   substantially  in  the  following  form: 

City   of   Saint   Paul 

(Brown's    Addition   or    Subdivision.) 

Name   of   owner.  Lot.  Block.  Total    Assessment. 

$         cts. 
(John   Smith)  (1)  (22)  ($5  09.) 

Unplatted  property  shall  be  placed  under  a  separate  column  and  be 
substantially   in    the    following    form: 

Citv   of   Saint   Paul 

UNPLATTED  PROPERTY. 

Township    (Forty)    Range    (Thirty-two) 

Subdivision   of   Section. 

Name  of  Owner.  Section.  Total  Assessment 

$         cts. 
(James   Brown)  (S.    E.   14)  (5)  (9.87.) 

The  names,  descriptions  and  figures  employed  in  paranthcses  in  the 
above   forms   are   merely  for  the  purposes   of  illustration. 


CHARTER  OF  CITY  OF  ST.  PAUL.  61 

The  name  of  the  township,  range,  city,  and  addition  or  subdivision,  as  the 
case  may  be,  shall  be  repeated  at  the  head  of  each  column  of  the  printed 
lists  as  brought  forward  from  the  preceding  column. 

Hearing — Jurisdictional  defects. — Sec.  247.  Upon  due  publication  of  such 
notice,  and  of  which  the  filing  of  an  affidavit  of  publication  as  by  law  in 
such  cases  made  and  provided  shall  be  due  proof,  the  court  'Shall  be  deemed 
to  have  acquired  full  and  complete  jurisdiction  to  hear  and  determine  such 
proceeding  at  the  next  special  term  thereof  following  the  expiration  of  the 
time  aforesaid,  or  during  the  months  of  July,  August  and  September,  three 
days  thereafter,  or  in  both   cases,  as   soon  thereafter  as  practicable. 

The  only  defenses  and  objections  to  the  said  a^ssessment  shall  be: 

1.  That  there  is  no  valid  Final  Order  for  such  improvement  or  improve- 
ments. 

2.  That  the  assessment  is  fraudulent,  or  made  upon  a  demonstrable 
mistake  of  fact,  or  upon  an  illegal  or  erroneous  principal  of  law. 

The  jurisdiction  of  the  Court  shall  not  be  affected  by  any  error,  act  or 
omission,  except  as  heretofore  provided,  prior  to  the  filing  of  .such  assess- 
ment list  with  the  clerk,  nor  by  any  mistake  in  copying  the  list  for  publica- 
tion, or  in  publishing  the  same,  nor  by  reason  of  the  assessment  having' 
been  charged  in  any  other  name  than  that  of  the  person  to  whom  the 
same  is  assessed  as  heretofore  provided,  nor  by  any  mistake  in  the  amount 
of  the  assessment  in  such  published  list  appearing  against  any  parcel  of 
land  therein  described,  nor  any  other  mistake  or  error  not  affecting  the  sub- 
stantial right  of  any  person. 

At  such  hearing,  the  court  may  modify,  alter,  amend,  revise  the  whole  or 
any  part  of  such  assessment,  or  strike  out  any  parcel  of  land  therefrom  upon 
the  ground  that  no  benefits  inured  thereto,  or  it  may  direct  the  commissioner 
of  finance  so  to  do  in  accordance  with  the  terms  of  its  order,  and  there- 
after without  notice  submit  the  same  to  the  court  for  its  approval. 

Whenever  any  assessment  .shall  be  approved  by  the  court,  it  shall  make 
an  order  confirming  such  assessment  and  render  judgment  against  each  lot, 
part  or  parcel   of  land  for  the  amount  of  the  assessment  set  opposite  thereto. 

Certified  copy. — Sec.  248.  After  confirmation  and  judgment  as  herein- 
before provided,  the  clerk  of  the  district  court  aforesaid  shall  deliver  to 
the  commissioner  of  finance  a  certified  copy  of  such  assessment  roll  as  con- 
firmed by  the  said  court. 

Comptroller's  audit. — Sec.  240.  The  commissioner  of  finance,  before  filing 
with  the  .clerk  of  the  district  court  aforesaid  any  assessment-roll  shall  de- 
liver the  same  to  the  comptroller  for  his  audit  thereof  nnd  any  objections 
thereto  made  by  said  comptroller  shall  forthwith  be  reported  to  the  council 
for  its  action  thereon. 

Before  the  commissioner  of  finance  shall  publisli  any  notice  for  the 
collection  of  any  assessment,  or  before  he  shall  deliver  to  the  county  auditor, 
as  hereinafter  provided,  any  certified  copy  of  any  installment  of  any  assess- 
ment, or  a  list  of  delinquent  in.stallments  or  assessments,  he  shall  first 
submit  such  assessment  roll,  or  certified  copy  of  installments,  or  list  of  de- 
linquents, as  the  case  may  be,  to  the  comptroller  for  his  audit  and  approval 
thereof. 

In  none  of  the  cases  aforesaid  shall  the  comptroller  retain  such  docu- 
ment in  his   possession   for  more  than  ten  days 

Effect  of  confirmation  and  judgment. — Sec  250.  When  such"  assessment 
shall  be  confirmed  and  judgment  rendered,  as  hereinbefore  provided,  against 
each  lot,  part  or  parcel  of  land,  the  same  shall  be  final  and  conclusive  upon 
all  persons  and  parcels  of  property,  except  that  the  .same  may  be  subject  to 
review  by  the  Supreme  Court  as  in  other  civil  actions,  provided  however, 
that  an  appeal  be  taken  therefrom  within  twenty  (20)  days  from  and  after 
such  confirmation  and  a  notice  of  such  appeal  be  served  upon  the  commis- 
sioner of  finance  and  proof  of  such  service  filed  with  the  clerk  of  said  court 
and    provided    furthel",   that    such   person   or   persons   appealing   shall   also    file 


62  CHARTER  OF  CITY  OF  ST.  PAUL. 

ivith  said  clerk  within  thef  time  aforesaid  a  bond  with  such  sureties  and  in 
such  an  amount  to  be  approved  by  the  court  or  a  judge  thereof,  conditioned 
for  the  payment  of  the  amount  for  which  judgment  shall  be  rendered  and 
the  penalties  and  costs  allowed  by  law,  if  the  decision  nf  the  district  court 
shall   be   affirmed. 

And  provided  further,  that  such  appeal  and  any  judgment  thereunder  shall 
affect  only  such  lots,  parts  and  parcels  of  land  named  in  such  notice  of  ap- 
peal, and  that  the  assessment  as  to  all  other  parcels  shall  be  the  same  as  if 
no  appeal  had  been  taken. 

Re-assessment  or  new  assessment. — Sec.  251.  In  all  cases  where  an 
assessment  is  not  confirmed  and  judgment  is  denied  again.st  any  lot,  part  or 
parcel  of  land,  and  where  such  assessment  is  not  determined  by  the  court 
or  under  its  direction,  then  the  commissioner  of  finance  and  the  council 
without  any  order,  resolution  or  other  act  shall  proceed  to  make  a  re-assess- 
ment or  new  assessment  in  the  same  manner  as  hereinbefore  provided  in 
sections  244  to  250,  inclusive,  of  this  charter,  and  the  same  shall  be 
collected  and  enforced  in  the  same  manner  as  other  assessments,  and  such 
parcels  may  be  assessed  and  re-assessed  for  any  cause  as  often  as  may  be 
necessary  until  each  separate  lot,  part  or  parcel  of  land  has  paid  its  propor- 
tionate share  of  the  cost  of  such  improvement  or  improvements,  as  nearly 
as  may  be.  In  case  the  amount  of  such  re-assessment  or  new  assessment 
shall  be  less  than  the  first  assessment  upon  such  lot,  part  or  parcel  of  land 
re-assessed,  then  the  deficit  shall  be  paid  out  of  the  general  revenues  of  said 
city. 

Inadequate  assessments. — Sec.  352.  If  in  any  case  the  first  assessment 
levied  shall  prove  insufficient  to  pay  fully  the  cost  of  any  improvement  or 
improvements,  the  commissioner  of  finance  and  the  council  shall  forthwith 
proceed  to  assess  and  re-assess  the  necessary  amount  upon  the  property 
deemed  benefited  b}^  such  improvement  or  improvements  to  pay  the  cost 
thereof. 

Improvements  on  private  property. — Sec.  253.  Property  owners  may  be 
allowed  to  construct  any  improvement  upon  or  through  their  own  property 
at  their  own  expense,  in  such  cases  and  upon  such  terms,  and  under  such 
regulations  as  the  council,  by  ordinance,   may   prescribe   from   time   to  time. 

Unforseen  obstacles. — Sec.  254.  If  the  council,  in  carrying  out  the  pro- 
visions of  this  charter  should  find  an-sr  unforseen  obstacles,  not  provided  for, 
in  the  making  of  any  improvement  or  improvements,  the  council,  may,  by 
resolution,  order  such  changes  or  modifications  in  such  improvement  or 
improvements  to  meet  such  unforseen  obstacles  as  the  said  council  may  deem 
equitable,  just  and  necessary,  either  before  or  after  the  confirmation  of  any 
assessment,  or  at  any  time  while  the  work  of  such  improvement  or  improve- 
ments is  in  progress,  and  the  additional  expense  occasioned  by  such  change 
or  modification  may  be  included  in  the  original  assessment  <"ir  raised  by  an 
additional  assessment  upon  the  property  deemed  benefited  tliereby  to  the 
extent   of   such  benefits. 

Rule  for  assessments. — Sec.  255.  It  shall  be  the  duty  of  the  commis- 
sioner of  finance  and  the  council,  in  estimating  the  benefits  to  any  par- 
ticular lot,  part  or  parcel  of  land,  to  take  into  con.sideration  the  nature  of  the 
owner's  interest  therein,  the  form  and  position  of  their  several  parcels  of 
land,  the  qualified  rights  of  the  owners  in  reference  to  its  employment  and 
any  other  circumstances  which  render  the  proposed  improvements  more  or 
less  beneficial  tn  him  or  them,  and  the  determinaton  and  assessment  or 
estimate  of  benefits  deemed  accruing  to  said  property  by  .said  commissioner 
of  finance  and   council   shall  be   final,   except  as  otherwise  herein  provided. 

Adverse  possession. — Sec.  256.  No  right,  title,  estate  or  easement  of  the 
City  of  Saint  Paul  in  or  to  any  property  shall  be  prejudiced  or  lost  by  an 
adverse   possession  or  occupancy. 


CHARTER  OF  CITY  OI'  ST.  PAUL.  63 

Non-assessable  improvements. — Sec.  257.  Where  the  cost  and  expense  of 
any  of  the  fi)ll<)\ving  improvements,  viz: — A  change  of  grade,  condemnation 
of  any  land  or  an  easement  therein  does  not  exceed  the  sum  of  two  hundred 
($200)    dollarSj  the  same   shall  be  paid  out  of  the  general  funds  of  the   city. 

Collection   of  Improvement   Assessments. 

Assessments — How  payable. — Sec.  258.  At  the  .same  time  that  the  council, 
as  hereinbefore  provided,  shall  ratify  any  assessment,  it  shall  in  such  resolu- 
tion determine  and  provide  in  what  number  of  installments  not  to  exceed 
ten  (.10)  installments,  the  assessment  against  any  lot,  part  parcel  of  land 
shall,  or  may  be,  paid.  Provided,  however  that  any  assessment  upon  any 
lot,  part  or  parcel  of  land  amounting  to  ten  dollars  ($10)  or  less  for  said 
lot,  part  or  parcel  shall  be  paid  in  but  one  payment. 

Lien  of  assessment. — Sec.  259.  The  cost  of  any  improvement  and  the 
assessment  levied  and  assessed  and  against  any  real  property  under  the 
provisions  of  this  charter  shall  be  a  perpetual,  paramount  and  continuing 
lien  upon  the  real  estate  upon  which  the  same  may  be  imposed  from  and 
after  the  confirmation  of  such  assessment  as  hereinbefore  provided  and  until 
the  (Same  is  paid,  provided  however,  that  as  between  grantor  and  grantee, 
vendor  and  vendee  and  mortgagor  and  mortgagee,  the  lien  of  such  assess- 
ment shall  attach  as  follows — 

(1)  Where  such  assessment  is  payable  in  one  installment,  then  'on  and 
from  the  day  of  the  publication  by  the  commissioner  of  finance  of  a  notice 
as  hereinafter  provided,  for  its  payment. 

(2)  When  such  asse.ssment  may  be  paid  in  two  or  more  installments, 
then  the  lien  of  the  first  installment  shall  attach  on  and  from  the  day  of  the 
publication  by  the  commissioner  of  finance  of  a  notice,  as  hereinafter  pro- 
vided, for  its  payment,  and  the  lien  of  each  subsequent  installment  shall 
attach  on  the  first  ]\I6nday  of  January  of  the  year  for  which  such  installment 
is  certified  for  collection  to  the  County  Auditor  of  Ramsey  County  by  the 
commissioner  of  finance. 

The  lien  of  such  assessment  or  of  any  installment  of  such  assessment 
shall  be  of  equal  rank  with  the  lien  of  the  state  for  taxes  which  have  or 
may  be  levied  upon  said  property  under  the  general  laws  of  the  state,  and 
the  general  rules  of  law  as  to  priority  of  tax  liens  shall  apply  equally  to  the 
lien  of  such  assessment  or  installments  thereof.  And  to  such  liens  for  gen- 
eral taxes  with  the  same  force  and  effect  as  though  all  of  the  liens  aforesaid 
and  all  the  taxes  and  the  assessments  and  installments  aforesaid  were  of  the 
same  general  character  and  imposed  for  the  same  purpose  and  by  the  same 
authority  without  regard  to  the  priority  in  point  of  time  of  the  attaching 
of  either  of  said  liens,  and  a  sale  or  perfecing  of  title  under  either  shall  not 
bar  or  extinguish  the  other.  The  enforcement  of  the  liens  of  any  installment 
shall  not  operate  to  give  the  same  superiority  over  subsequent  unpaid  in- 
stallments. No  assessment  or  sale  made  pursuant  to  this  charter  shall  ex- 
tinguish or  affect  the  lien  of  the  city  under  an  assessment  previous  to  the 
adoption   of   this   charter. 

Notice  for  payment — Delinquency. — Sec.  260.  Whenever,  after  confirma- 
tion and  audit  thereof,  any  assessment  roll  is  delivered  by  the  comptroller 
to  the  commissioner  of  finance,  the  said  commissioner  shall  forthwith  pro- 
ceed to  collect  the  same,  or  the  first  iiistallment,  as  the  case  may  be  and 
shall  forthwith  cause  to  be  published  in  the  official  paper  a  notice  that  the 
payment  of  such  assessment,  or  the  first  installment,  as  the  ca^e  may  be, 
is  thereby  demanded,  and  that  unless  the  same  be  paid  within  the  time  here- 
inafter provided,  the  same  will  be  declared  del'nquent  and  the  penalties  here- 
inafter provided   will   attach. 

At  the  same  time  of  such  publication,  the  said  commissioner  shall  also 
mail  to  the  owner,  or  his  agent,  at  the  last  known  address,  of  any  property 
so  assessed,  a  post-card  to  the  .same  effect,  but  the  failure  so  to  do  shall  in 
no  way  efifect  or  prejudice  the  collection  of  such  assessment  or  installment, 
nor  the   attaching  of-  any   penalty. 


64  CFIARTER  OF  CITY  OF  ST.  PAUL. 

Any  assessment,  or  first  installment,  as  the  case  may  be.  which  shall 
not  be  paid  within  thirty  (30)  days  from  and  after  the  publication  of  the 
notice  aforesaid  shall  be  and  become  delinquent,  and  the  said  commissioner 
shall  forthwith  add  to  the  amount  of  any  assessment,  or  first  installment,  as 
the  case  may  be,  assessed  against  any  lot,  part  or  parcel  of  land,  so  delin- 
quent, a  sum  equal  to  ten  (10)  per  cent  of  such  assessment  or  installment, 
delinquent,  and  in  addition  thereto,  the  said  commissioner  shall  collect  in- 
terest on  such  assessment,  or  first  installment,  delinquent  at  the  rate  of  six 
per  cent  per  annum  from  the  day  of  .such  delinquency  until  the  day  of 
pa3'ment,  provided  the  same  be  paid  before  the  first  day  of  November  fol- 
lowing  such   delinquency. 

Delinquent  assessments  collectible  by  county. — Sec.  261.  Not  later  than 
the  first  day  of  November  of  each  and  every  year,  the  said  commissioneii 
shall  certify  to  the  county  auditor  of  Ramsej^  County  a  list  of  each  and) 
every  lot,  part  or  parcel  of  land  against  which  there  is  a  delinquent  assess- 
ment, or  first  installment,  not  theretofore  certfied,  the  amount  of  such  assess- 
ment, or  first  installment,  and  the  amount  of  the  penalty  against  each  lot, 
part  or  parcel,  together  wih  the  interest  on  such  assessment,  or  installment, 
at  the  rate  of  six  (6)  per  cent,  against  each  lot,  part  or  parcel,  computed 
from  the  day  of  such  delinquency  to  the  first  day  of  January  following  such 
delinquency. 

It  is  hereby  made  the  duty  of  the  countv  auditor  aforesaid  to  spread 
and  ;place  on  the  tax  lists  or  roll  of  real  property  to  be  delivered  to  the) 
county  treasurer  the  January  following,  the  amount  of  such  assessment,  or 
first  installment,  delinquent,  the  amount  of  such  penalt3^  and  the  amount  of 
such  interest  against  each  and  every  lot,  part  or  parcel  of  land  shown  on 
said  list. 

Interim  payments. — Sec.  262.  Whenever,  after  the  delivery  of  the  afore- 
said list  to  the  county  auditor,  and  before  the  first  Alonday  of  January  there- 
after, the  commissioner  shall  collect  any  assessment,  or  first  installment, 
delinquent  as  shown  on  said  list,  and  the  penalty  against  the  same  together 
with  interest  as  aforesaid  from  the  day  of  delinquency  until  the  day  of  pay- 
ment, then  and  thereupon,  the  said  commisioner  shall  forthwith  at  the  close 
of  each  da}^  certify  to  the  county  auditor  aforesaid  a  list  of  all  such  pay- 
ments, and  the  county  auditor  shall  forthwith  strike  the  assessments,  penal- 
ties and  interest  against  such  lots,  parts  or  parcels  of  land  from  such  tax 
lists  or  tax-rolls  aforesaid. 

Subsequent  installments — How  collected. — Sec.  263.  AVhen  an  assessment 
against  an^^  lot,  part  or  parcel  shall  be  payable  in  two  or  more  installments, 
the  first  installment  shall  be  collected  as  hereinbefore  prov  ded,  and  each 
subsequent  installment  shall  be  and  become  due  and  payable  annually  there- 
after, in  -sequence  until  such  number  of  installments  be  exhausted,  on  the 
first  -Monday  of  January  of  the  year  for  which  such  installment  is  certified 
for   collection   as   herein?-fter  provided. 

Where  assessments  are  payable  in  two  or  more  installments,  each  in- 
stallment subsequent  to  the  first  installment  •'^hall  bear  Interest  at  the  rate 
of  six  (6)  per  cent  per  annum  from  the  day  of  the  publication  of  the  notice 
for  payment  of  the  first  installment  of  such  assessment  and  until  the  first 
Monday  of  January  of  the  year  for  which  such  installment  is,  or  is  to  be, 
certified  by  the  commissioner  of  finance  to  the  county  auditor  of  Ramsey 
County  for  collection,  provided  however,  that  the  interest  on  each  and  every 
installment  unpaid  shall  be  due  and  payable  on  the  first  Monday  of  January 
o^  each  and  every  year  until  certified  as  heretofore  provided,  and  such  inter- 
est on  all  unpaid  installments  shall,  in  all  respects,  be  and  constitute  part 
of  such  installment  certified,  except  as  may  be   otherwise  herein   provided. 

Not  later  than  the  fifteenth  (15)  day  of  October  of  each  and  every 
year,  the  commissioner  of  finance  shall  certify  tn  the  countv  auditor  aforesaid 
a  list  of  each  and  every  lot.  part  or  parcel  of  land  asrainst  which  there  is 
asrsessed  a  second  or  other  installment,  unpaid  not  theretofore  certified  to 
the    said    county    auditor,    and    the    total    amount    of   the    installment    against 


CHARTER  OF  CITY  OF  ST.  PAUL.  65 

each  parcel,  being  the  original  amount  of  such  installment  plus  the  interest 
thereon,  and  the  interest  then  due  on  all  other  unpaid  and  uncertified  in- 
stallments, as   heretofore  provided. 

The  said  county  auditor  shall  forthwith  place  and  spread  such  total 
amounts  aforesaid,  as  shown  by  said  list,  against  each  lot,  part  or  parcel 
of  land  respectively  on  the  tax-lists  or  tax-rolls  which  are  to  be  delivered  to 
the  county  treasurer  for  collection  the  following  January. 

Alterations  in  lots. — Sec.  264.  Whenever  the  county  auditor  shall  dis- 
cover that  the  description  of  any  parcel  of  land  shown  on  said  list  certified 
differs  from  that  shown  on  the  tax-lists,  or  where  any  lot  Oi  parcel  is, 
altered  or  divided,  he  shall  report  the  same  to  a  committee  composed  of  the 
comptroller,  the  commissioner  of  finance  and  county  auditor,  who  shall 
examine  into  the  matter  and  who  may  thereafter  alter  or  modify  the  de- 
scription of  said  premises  on  such  certified  list  and  the  original  assessment 
roll,  and  where  alteration  or  divisions  occur  pro  rata  such  assessment  or 
installment  among  such  altered  or  divided  parcels  and  do  anything  else  in 
the    premises   equitably  and  justly  necessary. 

Advance  payments. — Sec.  265.  Where  an  assessment  is  payable  in  two 
or  more  installments,  the  entire  amount  of  such  assessment  against  any 
lot,  part  or  parcel  of  land  may  be  paid  without  interest  within  the  time 
limited  for  the  payment  of  the  first  installment  thereof.  And,  any  number 
of  installments,  not  then  due  and  payable,  may  be  paid  at  any  time  upon 
the  payment  of  the  original  amounts  thereof  and  interest  thereon  as  here- 
inbefore provided  up  to  the  time  of  such  payment. 

Collection  by  county  officers. — Sec.  266.  Any  and  all  delinquent  assess- 
ment, delinquent  first  installments,  and  other  installments,  or  any  other 
assessment  for  local  improvement  or  other  municipal  purposes,  certified  to 
the  county  auditor  of  Ramsey  County  by  the  commissioner  of  finances  or 
any  other  municipal  officer  or  body  of  the  City  of  St.  Paul  authorized  so  to 
certify,  shall  be  collected  and  the  collection  thereof  enforced  in  the  same 
manner,  in  all  respects,  as  county  and  state  taxes,  and  shall  be  added  to  the 
said  taxes  and  all  of  the  foregoing  assessments  or  installments,  of  whatever 
nature  shall  be  subject  to  the  like  penalties,  costs,  interest  charges,  whether 
or  not  interest  charges  or  penalties  have  been  theretofore  added  thereto  by 
said  city  or  not.  and  shall  in  all  resoects  be  treated  and  enforced  as  if  the 
same  were    state  and   county  taxes. 

And,  it  is  hereby  made  the  duty  of  the  county  auditcir  and  the  county 
treasurer,  and  all  county  officers  necessary  therefor,  to  carry  out  the  fore- 
going provisions. 

Forfeited  sale  of  present  certificate.— Sec.  267.  .Ml  certificates  of  sale 
for  local  improvements  or  other  imorovements  now  held  by  the  city  in  an}'' 
manner  and  upon  which  the  time  for  redemption  has  expired,  and  all  cer- 
tificates aforesaid  now  held  by  said  city  upon  which  the  time  for  redemption 
has  not  yet  expired,  upon  the  expiration  of  the  time  aforesaid,  may  be  sold 
by  said  city  by  public  sale  or  sales,  by  and  through  such  officer  or  officers, 
at  such  times,  upon  such  public  notice,  and  upon  such  terms  and  conditions 
as   the   council,  by  ordinance,  may   prescribe  and  provide. 

Pending  acts. — Sec.  268.  Assessments  now  being  collected,  all  assess- 
ments made  and  confirmed  but  not  collected,  all  other  acts  and  proceedings 
had  for  any  public  improvement  under  the  existing  charter  are  hereby  rati- 
fied and  confirmed,  but  all  other  acts  and  proceedings  to  be  tlone  or  had 
relative  to  the  completion  of  the  aforesaid,  shall  be  done  and  had  under 
the  terms  and  provisions  of  this  charter,  wherever  in  the  opinion  of  the 
council,  by  resolution,  the  same  is  practicable,  and  wherever  the  same  be 
impracticable,  in  the  opinion  of  said  council,  the  same  shall  be  continued 
under  the  terms  and  provisions  of  the  existing  charter,  and  the  terms  of  _  the 
ex'sting  charter  are  herebv  continued  in  force  until  such  acts  and  proceedings 
are  completed.  Tlie  opinion  of  the  council  in  the  foregoing  matters  shall  be 
construed   to  be  judicial   and   final   and  conclusive  in   all  matters   and   upon   all 


r.(i  CHARTER  OF  CITY  OF. ST.  PAUL. 

persons.  Wherever  it  'Shall  be  impossible  for  any  officer  under  the  existing 
charter  to  perform  any  act  therein,  required  by  reason  of  the  discontinuance 
of  the  office,  the  council  shall,  by  said  resolution,  designate  the  officer  or 
officers  under  this  charter  to  perform  the  duties  of  such  office  or  officer 
abolished  required  to  complete  such  acts  or  proceedings  aforesaid. 

Condemnations. 

Inaugurations — Awards. — Sec.  269.  Whenever  after  the  council  has  adopt- 
ed an  intermediary  order  for  any  public  improvement  for  which  an  assess- 
ment may  be  levied  and  which  shall  require  the  taking  or  condemnation  of 
any  land  or  an  easement  therein,  or  in  any  other  case  where  the  council 
has  determined  that  it  shall  be  necessary  for  the  city  to  acquire  any  land  or 
an  easement  therein,  and  such  land  or  such  easement  cannot  be  acquired 
except  by  condemnation  or  where  the  council  has  ordered  the  condemnation 
and  taking  of  any  land,  lands  or  easement  for  public  purposes,  the  com- 
missioner of  public  works  shall  make  and  deliver  a  sketch,  plan  or  profile 
and  such  other  necessary  data  showing  the  exact  amount  of  such  land  or  the 
easement  therein  necessary  so  to  be  taken  or  condemned  and  report  the 
same  to  the  council.  The  council  thereupon  shall  by  resolution  fix  the  exact 
amount  of  such  land  or  the  exact  extent  of  isuch  easement  to  be  taken  or 
condemned,  and  thereafter  the  commisisoner  of  finance  shall  view  the  said 
premises,  fix  and  determine  the  value  of  such  land,  lands  or  easement  afore- 
said, and  the  amount  of  damages  that  shall  be  awarded  to  each  and  every 
person  known  or  shown  by  the  records  of  ihe  Register  of  Deeds  in  and  for 
Ram^sej'  County  to  have  an}^  right,  title,  estate,  lien  or  interest  therein.  When 
the  said  commissioner  of  finance  shall  deem  it  advisable,  he  may  subpoena 
and  examine  under  oath  any  person  or  persons  relative  to  the  value  of  such 
land,  lands,  or  easement  therein  and  the  value  of  any  right,  title,  estate,  lien 
or  interest  therein.  When  the  said  commissioner  of  finance  aforesaid  shall 
have  fixed  and  determined  the  value  of  such  land,  lands  or  easement  therein, 
and  the  amount  of  the  awards  aforesaid  and  to  whom  payable,  he  shall  report 
the  same  to  the  council. 

Confirmation  of  awards. — Sec.  270.  The  council,  upon  the  delivery  of 
such  report  aforesaid,  shall  fix  a  time  and  place  for  a  public  hearing  upon 
the  same,  and  for  the  confirmation  of  the  award  or  awards  aforesaid.  The 
commissioner  of  finance  shall  thereupon  give  ten  days  notice  thereof  by  one 
(1)  publication  in  the  official  paper  and  such  publication  shall  be  conclusive 
notice  upon  all  per-sons  or  parties  having  or  claiming  any  right,  title,  estate, 
lien  or  interest  in  any  land,  lands  or  easement  therein,  of  the  taking  or 
condemnation  thereof,  and  of  the  award  or  awards  of  damages  for  such  right, 
title,  estate,  lien  or  interest  in  said  land,  lands  or  easement  therein.  And,  each 
and  every  person,  having  or  claiming  any  right,  title,  estate,  lien  or  interest 
in  any  land,  lands  or  easement  aforesaid,  or  in  the  award  of  such  damages 
shall  be  forever  barred  and  estopped  to  question  in  any  manner  or  in  any 
respect,  such  taking  or  condemnation  or  the  award  of  damages  therefor, 
unless  such  person  or  persons  shall,  at  the  time  of  such  hearing,  file  in  writing 
with  the  said  council,  or  the  city  clerk,  if  filed  prior  to  such  hearing,  objections 
to  the  taking  or  condemnation!  of  such  land,  lands  or  easement  therein,  or 
the  award  of  damages  therefor,  or  both,  as  the  case  may  be. 

At  least  five  (5)  days  prior  to  such  hearing,  the  said  commissioner  of 
finance  shall  serve  or  cause  to  be  served,  in  tlie  same  manner  as  by  law 
provided  for  the  service  of  a  summons,  a  notice  of  such  hearing  upon  all 
j.crsons.  or  their  known  agents,  having  or  claiming  to  have  any  right,  title. 
e.state,  lien  or  interest  in  the  said  premises  so  taken  or  condemned,  who  can 
be  found  in  the  City  of  St.  Paul,  and  the  affidavit  of  the  commissioner  that 
any  person,  or  their  known  agents,  do  not  reside  or  cannot  be  found  in  said 
city,  shall  be  final  and  conclusive  upon  all  persons  as  to  such  facts.  At  least 
five  (5)  days  prior  to  such  hearing,  the  said  commissioner  shall  cause  to  be 
mailed,  by  regi.stered  letter,  a  notice  of  such  hearing  to  all  persons,  or  their 
known  agents,  who  cannot  be  found  in  said  city  or  who  do  not  reside  therein. 


CHARTER  OF  CITY  OF  ST.  PAUL.  67 

directed  to  their  last  known  address  or  residence,  firovided  however  that 
where  such  parties  are  unknown,  or  their  place  or  residence  or  last  address 
is  unknown  no  such  notice  need  be  mailed,  and  of  such  fact  the  aflfidavit  of 
the    said   commissioner   shall  be   final  and   conclusive. 

Provided  however,  that  the  failure  of  the  'Said  commissioner  to  cause 
the  service  of  such  notice  or  mail  the  same  shall  in  no  way  prejudice  such 
condemnation  or  the  award  of  damages  therefor,  but  the  willful  neglect  or 
failure  so  to  do  shall  constitute  malfeasance  in  office,  be  a  misdemeanor 
punishable  by  fine  not  less  than  one  hundred  ($100.00)  or  imprisonment  in 
the  workhouse  for  not  less  than  ninety  days,  or  both  and  shall  in  addition 
render  the  said  commissioner  personally  liable  to  any  person  damaged 
thereby. 

At  the  tinie  and  place  fixed  in  said  notice,  the  council  shall  hear  all 
persons  desiring  to  be  heard  relative  to  the  matter,  and  thereafter  may 
modify,  alter  or  revise  such  report  aforesaid,  and  when  the  same  shall  be 
satisfactory  to  the  said  council,  it  shall,  by  resolution,  ratify  and  confirm  such 
taking  or  condemnation  and  the  award  of  damages  to  the  persons  or  parties 
aforesaid,  and  when  so  ratified  and  confirmed  the  same  shall  be  final  and 
conclusive   upon  all  persons,  except  as   hereinafter  provided. 

Appeals — Notice  pleadings — Jurisdiction  of  Court. — Sec.  271.  Any  person 
whose  propert\-  has  been  appropriated  or  taken,  and  who  has  filed  objections 
thereto  or  the  award  therefor,  shall  have  the  right  at  any  time  within  ten 
days  from  the  ratification  and  confirmation  aforesaid  to  appeal  to  the  district 
court  of  Ramsey  County,  from  such  ratification  and  confirmation.  Said  ap- 
peal shall  be  made  by  filing  a  written  notice  of  such  appeal  with  the  com- 
missioner of  finance,  specifying  the  name  of  the  appellant,  a  description  of 
the  property  in  which  he  has  or  claims  an  interest,  and  such  interest  therein, 
and  the  objections  to  such  taking  or  condemnation  or  award,  or  both,  and 
b}'  filing  with  the  ;clerk  of  the  said  court  within  twenty  (20)  days  after 
such  ratification  and  confirmation  a  copy  of  said  notice  of  appeal  and  objec- 
tions, together  with  a  bond  to  the  City  of  St.  Paul  conditioned  to  pay  all 
costs  which  may  be  awarded  against  appellant,  in  such  sum  and  with  such 
surety  as  .shall  be  approved  by  a  judge  of  said  court.  In  case  of  an  appeal, 
a  copy  of  all  the  awards  as  confirmed  by  said  council,  at  the  expense  of  the 
appellant,  which  shall  not  exceed  the  sum  of  three  ($3.00)  dollars  and  which 
shall  be,  paid  into  the  city  treasury,  shall  be  made  and  certified  to  by  the 
said  commissioner  of  finance,  and  shall  be  filed  in  the  office  of  the  clerk 
of  the  said  court,  and  the  said  cause  shall  be  docketed  in  the  name  of  .such 
appellant  against  the  City  of  St.  Paul  as  an  appeal  from  such  confirmation. 
Said  cause  may.  be  brought  on  for  hearing  by  either  party  and  shall  have 
preference  over  all  other  civil  cases.  Such  appeal  shall  be  tried  as  other 
civil  causes,  except  that  no  pleading  shall  be  necessary,  and  on  such  trial 
the  only  question  to  be  passed  upon  shall  be  whether  the  said  council  had 
jurisdiction  in  the  case,  and  whether  the  valuation  of  the  property  specified 
in  said  objections  is  a  fair  valuation,  and  the  award  to  such  objector  is 
fair  and  impartial.  The  judgment  of  the  court  shall  be  either  to  confirm  such 
award  or  to  annul  the  same  as  far  as  the  same  effects  the  propert}"  of  the 
objector,  and  no  more,  and  an  appeal  may  be  taken  therefrom  by  either  party 
in  the  same  manner  as  in  the  case  of  other  civil  actions.  .Any  judgm.ent 
against  the  city  for  costs  and  disbursements  shall  be  a  separate  judgment  and 
shall  be  payable  out  of  the  general  funds  of  said  city. 

Consummation  of  condemnation. — Sec.  272.  In  nil  rn-rs  wlierc  tlic  cost 
of  any  improvement  shall  be  assessed  against  property  deemed  benefited,  and 
which  improvement  shall  require  the  taking  and  condemnation  of  any  land 
nr  interest  therein,  and  after  the  determination  of  damage  and  awards  there- 
for as  hereinbefore  provided  has  been  ratified  by  said  council,  the  land,  lands, 
or  easement  therein  shall  be  and  become  the  property  of  the  City  of  St. 
Paul  upon  the  adoption  and  passage  by  said  council  of  a  final  order  fon 
such  improvement,  and  such  adoption  of  a  final  order  shall  be  and  con- 
stitute a  complete  consummation  of  such  proceedings,  and  a  lawful  and 
sufficient    condemnation    thereof   of   evcr%^    right,   title,   estate,   lien    or   interest 


68  CHARTER  OF  CITY  OF  ST.  PAUL. 

therein.  In  all  other  cases,  such  taking  and  appropriation  and  condemnation 
shall  be  deemed  completed  and  consummated,  and  a  sufficient  and  lawful 
condemnation,  upon  the  ratification  by  the  'Said  council  of  the  awards  afore- 
said. 

The  City  of  St.  Paul  shall  have  the  right  to  enter  upon  and  take  pos- 
session of  all  lands  and  property,  or  easements  so  condemned,  and  to  ap- 
propriate such  lands,  property  and  easements  of  the  purposes  for  which 
the  same  were  condemned  at  such  time  as  hereinbefore  provided,  and  no 
appeal  therefrom  shall  delay  the  right  of  the  city  so  to  do. 

Ninety  (90)  days  from  and  after  the  consummation  of  any  condemna- 
tion proceedings,  the  sums  'SO  awarded  as  damages  shall  bear  interest  at  the 
rate  of  six  per  cent  per  annum  until  paid. 

Record  of  lands  condemned. — Sec.  273.  It  shall  be  the  duty  of  the  com- 
missioner of  finance  wherever  possible  to  secure  deeds  to  lands,  or  easements 
therein,  and  record  the  same,  and  in  addition  thereto  cause  to  be  filed  in 
the  office  of  the  Register  of  Deeds  a  copy  of  any  plat,  sketch,  profile,  to- 
gether with  a  description  of  all  premises  or  easements  condemned.  The  said 
register  shall  receive  no  fees  therefor,  and  shall  file  and  record  the  same 
without  any  certification  as  to  taxes  or  assessments. 

Buildings — Appraisal — Removal. — Sec.  274.  If  there  should  be  any  build- 
ing standing,  in  whole  or  in  part,  upon  the  land  to  be  taken,  the  said  com- 
imissioner  and  council,  shall  add  to  their  estimate  of  damages  for  the  land, 
the  damages  also  for  the  building  or  part  thereof  necessary  to  be  taken,  if 
it  be  the  property  of  the  owner,  or  when  separately  owned  the  same  shall 
be  assessed  separately,  and  at  the  same  time  fix  the  value  of  such  building 
or  part  thereof  to  be  taken,  if  such  owner  shall  elect  to  remove  the  same. 
Such  owner  in  writing  and  at  the  hearing  for  the  confirmation  of  such  award 
shall  elect  to  remove  such  building  at  the  value  fixed  or  allow  the  same  to 
remain  on  the  premises'  and  if  he  fail  so  to  elect,  he  shall  be  deemed  to  have 
elected  to  permit  such  building  to  remain,  and  upon  the  consummation  of 
such  condemnation  as  hereinbefore  provided,  the  commissioner  of  finance  shall 
proceed  to  sell  at  public  auction  for  cash  and  upon  ten  (10)  days'  notice 
by  one  publication  in  the  official  paper,  and  cause  said  building  to  be  re- 
moved, and  deposit  said  proceeds  of  such  sale  in  the  treasury  to  the  credit 
of  the  assessment  fund  for  such  improvement  and  where  feasible  deduct  the 
same  from  the  assessment  against  each  lot  pro  rata,  and  if  not  feasible  then 
such  money   shall  be  placed  in  the  general  funds  of  said  city. 

Street    Sprinkling. 

Appropriations  therefor. — Sec.  275.  The  commissioner  of  public-works 
shall  in  August  of  each  year  determine  the  amount  of  street  sprinkling  that 
in  his  judgment  should  be  done  during  the  next  fiscal  year  and  report  the 
•same  with  the  probable  cost  thereof  to  the  council,  which  may  modify  or 
approve  such  report,  and  if  it  appears  that  moneys  in  the  sprinkling  fund,  or 
accruable  thereto  shall  prove  insufficient  to  defray  the  cost  of  such  sprinkling 
during  the  ensuing  year,  and  equipment  for  such  purposes,  the  council  may 
provide  sufficient  funds  by  appropriation   and  tax  levy  therefor. 

The  levy  and  collection  of  such  taxes  shall  in  no  way  prevent  the 
making  and  collection  of  assessments  for  such  sprinkling  and  cost  of  any 
equipment,  and  all  sums  realizable  from  anj'  source  shall  be  used  to  pay 
lor  such  equipment  and  the  cost  of  such  sprinkling  in  advance  of  the  collec- 
tion of  the  annual  assessment  therefor 

Order  for  sprinkling. — Sec.  275  a.  No  street,  thoroughfare  or  public  high- 
way or  other  public  or  private  place  shall  be  sprinkled  by  the  commissioner 
of  public  works  except  upon  the  order  of  the  council  by  resolution  therefor. 

Cost  of  sprinkling. — Sec.  275  b.  The  commissioner  of  public  works  shall 
keep'  accurate  account  of  the  cost,  including  inspection,  of  all  sprinkling  as 
nearly    as    the    same    can    be    ascertained    in    front    of    the    lots    or    parcels    of 


CHARTER  OF  CITY  OF  ST.  PAUL.  60 

land  fronting  on  said  improvement.  The  proportion  of  the  cost  charge- 
able to  any  street  railway  or  other  occupant  of  the  public  highways  shall 
be  deducted  from  the  charge  against  abutting  property.  Not  later  than  the 
tirst  day  of  October  of  each  year  the  said  commis«ioner  of  public  works 
shall  report  and  deliver  to  the  commissioner  of  finance,  a  statement  showing 
the  total  cost  of  such  sprinkling,  the  total  cost  of  inspection,  the  total  amount 
expended  during  the  year  for  new  equipment,  repairs  and  general  maintenance, 
the  amount  payable  b}^  each  occupant  of  a  public  highway,  and  the  amount 
of  the  cO'St  of  such  sprinkling,  inspection  in  front  of 'each  parcel,  and  the 
pro  rata  amount  of  the  cost  of  equipment,  repairs  and  maintenance  in  front 
of  each  parcel,  less  the  pro  rata  amount  of  such  sprinkling  to  be  paid  by 
such  occupant  of  any  highway  from  such  lots  abutting  on  tlic  higliway  so 
occupied. 

Assessment  for  sprinkling,  etc.  and  collection  thereof. — Sec.  27G.  The 
commissioner  of  finance,  not  later  than  the  16th  day  of  October  of  each  year 
shall  thereafter  assesrs  the  cost  of  such  sprinkling,  inspection,  pro  rata  share 
of  cost  or  equipment  and  maintenance,  less  such  deductions  as  heretofore 
provided,  and  the  cost  of  making  and  collecting  such  assessment  upon  each 
lot,  part  or  parcel  of  land  fronting  on  such  improvement  upon  the  basis  of 
t3he  lineal  frontage  of  such  parcels,  all  in  accordance  with  the  report  of 
the  >said  commissioner  of  public  works  and  the  amount  of  sprinkling  done 
in  front  of  said  premises,  and  deliver  the  same  to  the  comptroller  for  audit. 
Not  later  than  the  20th  of  the  said  month,  the  said  comptroller  shall  report 
same  to  the  council  for  its  approval,  by  resolution  and  not  later  than  the 
first  day  of  November  of  each  year  the  commissioner  of  finance  shall  certify 
to  the  county  auditor  of  Ramsey  County  a  list  of  each  parcel  of  land  and 
the  assessment  against  the  .same  for  such  sprinkling  and  other  costs  thereof, 
as  approved  by  the  council.  The  county  auditor  and  the  county  treasurer  shall 
proceed  to  collect  and  enforce  the  collection  of  the  same  in  the  same  manner 
as  provided  herein  for  the  collection  and  enforcement  of  the  collection  of 
assessment  for  other  local  improvements,  and  render  due  account  thereof  in 
the  same  manner  and  at  the  same  time.  All  moneys  so  collected  and  all 
interest,  penalti&s  and  other  moneys  accruing,  thereto,  shall  be  kept  in  a 
,separate  fund  and  shall  not  otherwise  be  used  than  to  pay  from  time  to 
time  the  cost  of  such  sprinkling  and  other  expenses  connected  therewith  in 
advance  of  the  collection  of  an  assessment  therefor. 

Municipal  sprinkling  plant. — Sec.  277.  The  council  shall  have  the  power 
to  establish  and  maintain,  under  the  direction  of  the  commissioner  of  public 
works,  a  plant  or  outfit,  including  necessary  horses,  wagons,  and  other  ma- 
terial and  equipment  for  the  sprinkling  of  streets  and  oublic  places.  The 
cost  of  maintaining,  establishing,  and  enlarging  such  plant,  outfit,  apparatus, 
material  and  equipment  shall  be  deemed  part  of  the  cost  of  such  sprinkling 
for  which   assessment  maj^  be  made 

Fund  of  Local  Improvements. 

Deferred  installments. — Sec.  27S.  Whenever  an  assessment  for  an  im- 
provement or  improvements  is  •  payable  in  two  or  more  installments,  and 
after  the  time  for  the  payment  of  the  first  installment  has  expired,  the  coun- 
cil, b.y  resolution,  may  authorize  the  issuance  and  sale,  in  such  manner  and 
form  as  it  may  deem  wise,  of  "Local  Improvement  Certificates  of  Indebt- 
edness," against  all  installments,  except  the  first  installment,  not  yet  due  and 
rem/aining  unpaid,  and  to  the  amount  of  such  installments.  .-^1  proceeds 
from  the  sale  of  such  certificates  shall  be  credited  to  a  "Permanent  Improve- 
ment Revolving  Fund,"  and  all  collections  of  all  assessments,  installments, 
interest,  penalties  and  other  charges  shall  likewise  be  credited  thereto,  and 
all  payments  in  the  liquidation  of  the  cost  of  any  improvement  for  which 
an  assessment  is  levied  shall  be  ^id  therefrom.  Nothing  herein  shall  pre- 
vent the  issuance  and  sale  of  certificates  to  cover  several  assessments,  with- 
out  the    enumeration   therein   of   such   assessments.      Such   certificates   shall,   in 


70  CHARTER  OF  CITY  OF  ST.  PAUL. 

the  order  of  their  priority,  be  a  first  lien  upon  all  the  moneys  in  said 
Permanent  Improvement  Revolving  Fund,  and  the  general  faith  and  credit 
of  the  city  is  pledged  to  pay  all  and  any  deficiency  or  deficiencies,  in  case 
such  moneys  shall  prove  insufficient  to  pay  such  certificates  in  full,  and  that 
it  shall  at  all  times  maintain  the  said  Revolving  Fund  so  that  it  shall  be 
sufificient  to  meet  all  demands  on  the  same  at  maturity.  The  council,  by  rcrso- 
lution,  is  empowered  and  authorized  to  issue  and  sell  additional  certificates 
or  bonds,  or  make  appropriations  to  maintain  such  revolving  fund  in  a  con- 
dition to  meet  all  demands  upon  it  for  the  payment  of  certificates  at  ma- 
turity. Such  bonds  shall  not  be  issued  to  exceed  a  term  of  twenty  (20)  years, 
nor  shall  exceed  four  per  cent  per  annum  for  interest,  and  ■shall  not  be  sold 
for  less  than  par  and  accrued  interest.  Such  certificates  shall  be  in  the  same 
form   as  other  certificates  hereinbefore  provided. 

No  such  certificates  shall  be  made  to  mature  at  a  date  to  exceed  three 
(3)  years  from  the  day  of  its  issuance,  and  the  rate  of  interest  shall  not! 
exceed  six  (6)  per  cent  per  annum,  payable  rsemi-annually,  and  no  certificate 
herein  provided  shall  be  sold  at  less  than  par  and  accrued  interest.  Such 
certificates  may  be  issued  in  such  denominations  as  the  council  shall  pro- 
vide. 

Provided  however  that  the  total  amount  of  all  such  certificates  and 
bonds  shall  not  at  any  time  exceed  five  (5)  per  cent  of  the  total  assessed 
valuation  of  real  property  in  said  city  liable  to  taxation. 

No  improvement,  for  which  an  assessment  may  be  levied  and  which  will 
require  the  issuance  of  such  certificates  in  excess  of  such  limitation,  shall 
be  undertaken.  Nothing  herein  shall  prevent  the  making  of  any  improvement 
where    the    assessment   shall   be    payable   in   one   installment. 

Delinquent  assessments  or  installments. — Sec.  279.  All  the  proceeds  of 
the  forfeited  sale  of  local  improvement  certificates  now  held  by  said  city 
as  ^provided  for  in  Section  267  shall  be  used  and  employed  to  fund  and- 
carry  all  assessments  or  installments  delinquent,  and  shall  be  known  as  the 
■'Delinquent  Assessment  Fund."  When  such  fund  shall  prove  insufficient  to 
carry  such  delinquent  assessments  and  installments,  the  council  shall  from 
time  to  time  provide  sufificient  funds  therefor,  by  appropriation.  Any  surplus 
in  such  fund  shall  be  invested  in  local  improvement  certificates  of  indebted- 
ness. 

Sidewalks. 

Proposals — Orders. — ^Sec.  280  It  shall  be  the  duty  of  the  commissioner 
■of  public  works  annually  to  cause  proposals  to  be  published  in  the  official 
paper  in  the  same  manner  and  for  the  same  time  as  for  other  public  improve- 
ments, for  the  construction,  relaying  and  repair  of  such  sidewalks  as  may 
be  ordered  built,  relaid  or  repaired  by  the  council  prior  to  the  first  day  of 
^November  of  each  year. 

Such  proposals  may  provide  for  a  separate  contract  for  the  construction, 
repair  and  relaying  wood  sidewalks,  and  also  for  one  or  more  contracts 
Tor  the  construction,  repair  and  relaying  of  sidewalks  of  brick,  stone,  cement 
and  any  other  material  or  materials.  The  work  shall  be  let  and  placed 
under  contract  as  other  improvements  for  which  an  assessment  shall  be 
levied. 

Whenever  the  cotmcil  shall  pass  a  final  order  for  the  construction,  Tepair 
'or  relaying  of  any  sidewalk,  the  commissioner  of  finance  shall  transmit  a 
coov  of  such  order  to  the  contractor  who  shall  proceed  to  comply  therewith 
without  necessary  delav  within  thirty  (?.0)  davs  after  the  delivery  of  such 
fin?l  order,  except  as  hereinafter  orovided.  The  final  order  of  the  councH 
shall  describe  definitely  the  propet-ty  in  front  of  which  such  sidewalk  shall 
he  constructed,  relaid  or  repaired  as  the  case  may  be. 

Assessments  therefor. — Sec.  281.  The'  said  commissioner  of  finance  shall 
as  soon  as  practicable  after  the  construction,  reuair  or  relaying  of  such 
sidewalks  reoort  to  the  comm.issioner  of  finance,  the  cost  thereof  including 
inspection    thereof,    as    nearly    as    he    can    ascertain    the    same,    and    the    sa^d' 


CHARTER  Ol-  CITY  OF  ST.  PAUL.  71 

commissioner  of  finance  shall  proceed  to  assess  .such  cost  and  inspection  and 
the  necessary  cost  of  collecting  such  assessment  upon  lots  and  parcels  of 
land  benefited  by  -said  improvement  upon  the  basis  of  the  lineal  frontage  of 
-such  lot  or  parcel  of  land,  and  thereafter  the  procedure  for  perfecting  such 
assessment  and  the  collection  and  the  enforcement  thereof  shall  be  the  same 
as  in  the  case  of  other  assessments. 

Pijivate  laying  of  sidewalks. — Sec.  282.  When  the  council  shall  have 
passed  a  final  order  aforesaid,  the  owner  of  property  where  such  .sidewalk 
is  to  be  constructed,  relaid  or  repaired  under  such  order  may,  at  his  own 
expense  construct,  relay  or  repair,  as  the  case  may  be,  such  sidewalk  in  con- 
formity with  such  order  upon  the  following  conditions:  Such  property 
owner  electing  so  to  do  shall  file  with  the  commissioner  of  public  works 
a  written  notice  of  such  election  within  ten  (10)  days  after  the  publica- 
tion of  such  final  order,  and  it  shall  be  the  duty  of  the  said  commissioner 
of  public  works  to  grant  written  permission  so  to  do  within  thirty  (30)  days 
from  and  after  a  time  specified  in  such  permit.  The  said  commiS'Sioner  shall 
^thereupon  give  prompt  notice  thereof  to  the  contractor  of  the  permit  so 
granted.  The  said  work  of  laying,  repairing  or  constructing  such  sidewalk 
shall  be  done  under  the  supervision  and  direction  of  the  said  commis'Sioner 
of  public  works,  and  the  said  commisioner  of  public  works  shall  charge  a 
uniform  fee,  to  be  fixed  by  the  council,  by  resolution,  to  cover  the  cost  of 
such  supervision  and  direction,  which  fee  shall  be  paid  into  the  city  treasury 
iat  the  time  of  the  issuance  of  such  permit.  Such  owner,  having  complied 
the  foregoing  requirements  within  the  time  aforesaid,  shall  be  exempt  from 
any  assessment  on  account  of  such  improvement  aforesaid.  In  case  the  said 
owner  shall  fail  so  to  comply  with  the  aforesaid  requirements  and  within 
the  time  aforesaid,  the  said  commissioner  of  public  works,  shall  give  written 
notice  to  the  contractor  aforesaid  to  proceed  with  such  work  as  directed  by 
said  final  order,  and  the  property  of  such  owner  shall  be  assessed  therefor  to 
the  extent  of  such  benefits,  and  such  owner  shall  also  forfeit  'such  fee  afore- 
said. 

(Tf AFTER    XV. 

The  Purchasing  Department. 

Purchasing  department. — Sec.  283.  There  is  hereby  created  a  Purchasing 
Department  to  be  under  the  management  and  control  of  the  Purchasing 
Agent,  appointed  by  the  mayor  with  the  approval  of  the  council. 

Emyloyes — Appointment  of. — Sec.  284.  Subject  to  the  provisions  of  this 
charter,  the  Purchasing  Agent  may  appoint  a  Deputy-Purchasing  Agent,  who 
shall  not  be  subject  to  the  civil  service  rules,  and  such  other  assistants  and 
employes  as  the  council  shall  authorize  and  at  such  compensation  as  it  shall 
fix. 

Powers — General. — Sec.  285.  The  Purchasing  Agent  .shall  purchase,  pro- 
cure and  contract  for  all  articles,  supplies  and  other  nortable  goods,  includ- 
ing printed  matter  not  otherwise  provided  for  in  this  charter,  for  the  use  of 
the  council,  and  each  and  every  ofificer  and  department  of  the  city,  subject 
to  the  provisions  of  this  charter  and  the  ordinances  enacted  in  pursuance 
thereof. 

Appropriation  limits. — Sec.  286.  But  no  purchase  shall  be  made,  liability 
incurred  or  contract  let  under  the  preceding  section  except  upon  the  writ- 
ten certification  by  the  comptroller  that  an  appropriation  or  appropriations 
have  been  made  therefor  by  the  council  and  .sufficient  thereof  remains  unex- 
pended to  pay  for  the  same. 

Requisitions. — Sec.  287.  Except  as  herein  otherwise  provided,  all  pur- 
chases shall  be  made  or  contract  let  only  upon  the  written  requistion  there- 
for by  the  officer  or  department  demanding  same. 


72  CHARTER  OF  CITY  OF  ST.  PAUL. 

Compulsory  requistions. — Sec.  288.  With  the  consent  of  the  council,  the 
Purchasing  Agent  may  himself  requisition  the  entire  appropriation,  or  so 
much  thereof  as  may  be  advisable,  at  'Such  time  and  in  such  manner  as  the 
council  shall  prescribe,  of  each  and  every  officer  and  department  remaining 
at  any  time  unexpended. 

Bulk-buying. — Sec.  289.  The  council  shall,  by  an  administrative  ordi- 
nance, authorize  contracts  for  and  purchases  of  such  supplies  as  it  may  deem 
advisable,  in  bulk,  for  the  use  of  any  and  all  officers  and  departments,  for 
the  entire  year  or  part  thereof,  and  at  such  times  and  in  such  quantities  as 
it  may  deem  advantageous  and  shall  prescribe  the  mode  of  delivery,  inspec- 
tion,  storage  and  distribution  of  the   same. 

Patented  articles. — Sec.  290.  The  purchasing  agent  with  the  consent  of 
the  council  and  the  comptroller,  may  purchase  or  contract  for,  without  ad- 
vertisement and  competitive  bids,  such  articles  which  by  reason  of  a  patent 
or  copyright  are  sold  only  at  a  uniform  price  and  where  in  .such  cases  no 
advantage   can  be   secured  by   competitive  bids. 

Emergencies. — Sec.  291.  In  case  of  an  emergency,  where  failure  to  act 
promptly  will  work  an  injury  to  the  city,  the  purchasing  agent,  with  written 
consent  of  the  comptroller  and  mayor,  and  the  consent  of  the  council  may 
purchase  .supplies  to  any  amount  without  advertisement  and  competitive 
bids. 

Annual  statement  of  supiplies. — Sec.  292.  Not  later  than  the  first  day  in 
January  of  each  year,  each  officer  and  department  of  the  city  shall  transmit 
to  the  purchasing  agent  a  full  and  complete  statement  of  all  the  kinds  of  sup- 
plies and  articles  and  the  quantity  thereof  needed  by  the  said  officer  or  de- 
partment during  the  ensuing  year  as  nearly  accurate  as  the  same  can  be  esti- 
mated, together  with  a  statement  of  the  approximate  time  when  such  shall  be 
needed.  Such  statement  shall  nxerelj-  be  for  the  guidance  of  the  purchasing 
agent  and  shall  not  take  place  of  any  requisition  therefor. 

Duties  of  Purchasing  Agent. 

Purchase  standard  articles. — Sec  293.  The  purchasing  agent  shall  make 
all  purchases  and  let  all  contracts  in  accordance  with  the  provisions  of  the 
charter  and  ordinances  enacted  in  pursuance  thereof,  for  standard  articles  and 
upon  standard  specifications,  unless  patented  articles  are  demanded  or  the 
same  is  impracticable,  to  which  fact  the  comptroller  shall  certify. 

Price  records. — Sec.  294.  He  shall  maintain  a  price  record  both  from 
purchases  made  and  of  current  quotations  in  such  manner  as  may  be  pre- 
scribed by  the  comptroller  with  the  approval  of  the  council  by  administrative 
ordinance. 

Accounting  methods. — Sec.  293.  He  .shall  perform  such  duties  relative  to 
the  approval  of  claims,  the  keeping  of  accounts,  stock  records,  and  other 
accounting  procedure  as  the  comptroller  with  the  approval  of  the  council  bj^ 
an  administrative  ordinance  may  prescribe,  and  also  perform  such  other 
duties  as  by  thi.s  charter,  and  administrative  ordinances  enacted  in  pursuance 
thereof,  may  be  imposed  upon  him. 

Standardization    of    Supplies,    Specifications   and    Contracts. 

Commission — Powers. — Sec.  296.  There  is  hereby  created  a  commission, 
composed  of  the  mayor,  the  comptroller  and  the  purchasing  agent,  which 
shall  have  the  power  to  establish  from  time  to  time  standards  'for  each  and 
every  article  for  the  use  of  any  and  all  officers  and  departments;  to  maTce 
or  cause  to  be  made  any  test,  examination  or  analvsis  necessary  therefor; 
to  require  the  assistance  of  any  and  all  officers  and  departments  therefor;  to 
frame  or  cause  to   be   framed   full,   proper  and   imiform   specifications   therefor 


CllARTKR  Ol'  CITY  OF  ST.  PAUL.  73 

and  standard  and  uniform  forms  of  contracts,  and  to  provide  penalties  for 
the  failure  of  any  officer  or  department  to  use  the  same.  All  of  the  fore- 
going shall  be  done  with  the  consent  and  aproval  of  the  council  by  and 
through  an  administrative  ordinance.  All  standards  or  samples  thereof  .shall 
be  in  the  custody  of  the  purchasing  agent. 

Contracts — Advertisements — Bids  and  awards. — Sec.  297.  All  contracts 
and  purchases  of  supplies  are  hereby  divided  into  the  following  classes: 

(a)  Informal  Purchases.  All  purchases  or  contracts  under  the  sum 
of  one  hundred  ($100.00)  dollars  shall  ibe  made  in  such  manner  and  from 
such  persons  as  the  purchasing  agent  may  determine. 

(b)  Informal  Bids.  All  contracts  and  purchases  of  one  hundred 
($100.00)  dollars  and  not  to  exceed  five  hundred  ($500.00)  dollars  shall  be 
made  upon  such  informal  bids  or  proposals,  not  les.s  than  two,  as  the 
purchasing  agent  may  procure  or  may  be  filed  with  him,  and  shall  be  awarded 
to  the  lowest  responsible  bidder  b}'  the  purchasing  agent.  Notice  of  such 
proposed  purchases  shall  be  posted  in  the  office  of  the  purchasing  agent  for 
not  less   than  one  day. 

(c)  Formal  Bids.  All  purchases  or  contracts  in  excess  of  the  sum  of 
five  hundred  ($500.00)  dollars  shall  be  made  only  upon  competitive  sealed  bids 
and  after  advertisement  therefor  in  the  official  newspaper  for  at  least  once 
a  week  for  two  successive  weeks.  Such  advertisement  shall  state  the  kind 
and  quantity  of  articles  desired,  and  the  quality  thereof  either  in  full  or 
by  reference  to  the  standard  specifications,  the  tim.c  and  place  for  the  filing 
and  opening  of  bids.  All  formal  bids  shall  be  made  on  forms  provided  by 
the  purchasing  agent,  shall  state  the  price,  the  quantity  and  quality  of  each 
article  bid  on.  \and  shall  be  sealed,  but  mav  be  as  to  one  or  all  of  the, 
articles  named  in  the  advertisement  and  shall  also  be  filed  at  the  time  and 
place  therein  designated.  All  bids  shall  be  publicly  onened  by  the  purchasing 
agent  at  the  time  and  place  named  in  the  advertisement  in  the  presence  of 
the  mayor  and  the  comptroller  or  their  representatives  and  such  other  persons 
as  may  be  present. 

Rejection  of  bids. — Sec.  298.  The  purchasing  agent  may  reject  all  bids 
and  that  of  any  person,  with  the  consent  of  the  mavor.  who  has  failed  to 
perform  a  previous  contract  with  the  city,  and  shall  reject  all  bids  contain- 
ing anj'  alteration  or  erasures.  In  case  of  the  rejection  of  all  bids,  the  council 
mav  authorize  the  purchasing  agent  either  to  re-advertise  or  purchase  such 
article  or  articles  in  such  other  manner,  subject  to  this  charter,  as  it  may 
prescribe.  "" .^w:'^    f 

Awards. — Sec.  299.  All  awards  of  contracts  upon  formal  bids  shall  be 
made  to  the  lowest  responsible  bidder,  but  no  award  shall  be  made  until  all 
bids  have  been  tabulated  and  submitted  to  the  departments  interested  therein 
for  their  advice. 

Inspection  of  goods. — Sec.  300.  No  goods,  supplies  or  other  articles  shall 
be  used  or  consumed  by  any  officer  or  department  until  the  same  shall  have 
been  duly  inspected  as  to  quantity  and  quality  by  the  comptroller  and  sub- 
ject to  such  other  rules  and  regulations  as  the  council,  by  an  administrative 
ordinance,  may  prescribe. 

Sales  of  materials. — Sec.  301.  The  purchasing  agent  shall  sell  all  ma- 
terial, supplies  and  other  personal  property  belonging  to  the  city  which  is 
not  available  for  use  or  which  is  condemned,  when  so  condemned  by  any 
officer  or  department  and  upon  certification  by  the  comptroller  "concurring 
therein,  in  siich  manner  as  the  council,  by  an  administrative  ordinance,  shall 
pre.scribe.  All  monies  realized  from  such  sales  shall  forthwith  be  deposited 
with  the  treasurer  to  the  account  of  the  department  for  which  such  sale  was 
made. 

Permanent  improvements  and  reoairs. — Sec.  302.  Whenever  any  officer 
or  department  shall  require  the  purchase  of  any  real  estate,  the  erection  of 
any  building  nr   buildings   or  other   public   improvement,   except   as   otherwise 


74  CHARTER  OF  CITY  OF  ST.  PAUL. 

herein  proviided,  such  officer  or  department  shall  report  to  the  council  an 
estimate  of  the  cost  of  such  improvement  together  with  sketch  plans  and  .such 
other  data  as  to  give  in  full  detail  the  nature  thereof,  the  amount  and  esti- 
mated value  of  the  land  needed,  if  any,  and  a  statement,  certified  by  the  comp- 
troller, of  the  funds  available,  or  the  manner  in  which  such  funds  may  be 
provided.  If  the  council  approve  such  project,  it  shall,  by  ordinance,  order 
the  same  to  be  made  and  provide  funds  therefor  in  accordance  with  the  pro- 
visions of  this   charter. 

Purchase  of  lands. — Sec.  303.  All  lands  required  hereunder  may  be  ac- 
quired leither  iby  condemnation  or  by  purchase  at  a  private  sale.  When 
feasible  the  same  shall  be  secured  by  private  sale  by  a  committee  on  lands, 
composed  of  the  mayor,  the  purchasing  agent  and  the  head  of  the  department 
requiring  the  same,  which  committee  shall  secure  options  directly  or  through 
agents  on  any  suitable  land  or  lands,  and  report  the  total  cost  of  .securing 
such  land  and  all  other  facts  to  the  council.  The  council  shall  .promptlj^ 
authorize  the  purchase  of  such  land  or  lands  as  it  deems  suitable  or  cancel 
said  options.  The  cost  of  securing  said  options  .shall  not  exceed  one  per 
cent  of  the  value,  of  the  land  to  be  purchased.  In  case  that  suitable  lajid 
cannot  be  secured  at  a  reasonable  price  by  purchase,  the  council  shall  direct 
that  condemnation  proceedings  be  instituted,  under  the  provisions  of  this 
charter,  to  secure  the  land  necessary. 

Erection  of  buildings. — Sec.  304.  (a)  Sketch  plans.  Whenever  the 
erection  of  any  building  is  contemplated  either  by  the  council  or  any  com- 
missioner, then  the  commissioner  of  parks,  play-grounds  and  public  build- 
ings upon  written  request,  shall  prepare,  as  soon  as  practicable,  any  and 
all  sketch  plans  and  other  data  therefor. 

(b)  Complete  plans  and  .specifications.  When  any  such  improvement 
has  been  authorized,  the  council  shall  direct  the  commissioner  of  parks, 
play-grounds  and  public  buildings  to  prepare  or  cause  to  be  prepared  com- 
plete plans,  estimates  of  cost  and  specifications  therefor.  Under  the  direction 
of  the  commissioner  aforesaid,  the  city  architect  shall  frame  plaas  and 
specifications  and  make  estimates  of  cost  for  all  public  buildings  and  superin- 
tend the  construction  thereof.  The  council  may,  however,  authorize  the  said 
commissioner  to  employ  a  consulting  or  designing  architect  to  aid  in  such 
work'  at  such  compensation  as  it  shall  fix.  All  plans  and  specifications  shall 
be  prepared  .and  approved  in  the  manner  provided  for  in  the  chapter  on' 
parks,  play-grounds  and  public  buildings  in  this  charter,  as  modified  by  this 
section. 

(c)  Construction  of  buildings.  (l)  By  contract.  The  committee  on 
public  buildings  shall  direct  the  purchasing  agent  to  advertise  for  proposals 
in  accordance  with  the  provisions  of  this  charter  for  alternative  proposals: 
•d)  upon  the  basis  for  the  construction  of  said  building  at  a  fixed  price  to  be 
named  by  the  bidder,  and  (2)  upon  the  basis  for  the  construction  of  the  said 
building  by  the  said  bidder  upon  force  or  cost  account,  w^hich  latter  bid 
shall  contain  the  cost  thereof  as  estimated  by  the  bidder  and  the  per  cent 
of  the  cost  demanded  by  the  bidder  for  construction  and  superintendence.  It 
is  hereby  made  the  duty  of  the  commissioner  of  parks,  plaj^-grounds  and 
public  buildings  to  submit  an  estimate  for  such  construction  work. 

Subject  to  the  approval  of  the  council,  the  committee  authorized  by  this 
charter  to  open  said  bids  shall  award  the  contract  for  such  improvement  to 
the  lowest  responsible  bidder  either  upon  the  basis  of  a  fixed  price  or  upon 
the  basis  of  force  or  cost  account  and  percentage,  or  it  may  reject  all  bids 
and  re-advertise,  or  it  may  recommend  that  the  commissioner  of  parks,  play- 
grounds and  public  buildings  to  perform  such  work. 

(2)  Construction  of  buildings.  By  city  department.  Whenever  in  the 
'judgment  of  the  council,  the  construction  of  any  building  can  be  more 
economically  done  by  the  city,  either  before  or  after  the  submission  of  pro- 
pO'Sals  therefor,  it  shall  direct  the  commissioner  of  parks,  play-grounds  and 
public  buildings  to  do  such  work  for  the  department  reauiring  the  same  upon 
the  basis  of  force  or  cost  account,  but  no  percentage  for  construction  shall 
be  allowed. 


CHARTER  OF  CITY  OF  ST.  PAUL.  75 

Repairs  to  buildings. — Sec.  305.  Any  and  al!  repairs,  replacements  or 
alterations  to  any  building  or  buildings,  the  cost  of  which  shall  exceed  the 
sum  of  five  hundred  ($500.00)  dollars  or  the  work  of  which  shall  not  be  done 
and  performed  by  the  employes  and  under  the  direction  of  any  oft'icer  or 
department  shall  be  made  in  the  manner  hereinbefore  prescribed  for  new 
construction  work. 

Gratuities. — Sec.  30G.  Neither  the  purchasing  agent  nor  any  person  in 
the  purchasing  department  shall  accept  any  commission,  gift,  or  present 
from  any  vendor  or  his  agent  with  whom  the  city  may  have  any  dealings. 
Violations  hereof  shall  constitute  a  misdemeanor,  and  forfeiture  of  such  office 
or  employment. 

Council  regulations. — Sec.  307.  The  council  may,  by  an  administrative 
ordinance  or  ordinances,  provide  other  and  further  rules  and  regulations  for 
the   conduct   and  government  of  the   purchasing  department. 

CHAPTER    XYI. 

CONTRACTS  AND  CONTRACTORvS'  BONDS. 

Contracts  let  to  the  lowest  bidder. — Sec.  308.  Except  as  otherwise  pro- 
vided in  this  charter,  all  contracts  for  work  to  be  done  for  the  City  of  St. 
Paul  or  any  department  thereof,  or  for  the  purchase  of  supplies  or  property 
of  any  Ikind,  shall  be  let  to  the  lowest  reliable  and  reasonable  bidder,  re- 
-serving  the  right  to  reject  all  bids. 

Not  otherwise  specified. — Sec.  309.  All  contracts  not  otherwise  provided 
for  in,  this  charter  shall  be  let  by  the  council. 

Plans  and  specifications. — Sec.  310.  Unless  otherwise  herein  provided 
plans  and  specifications  for  buildings  to  be  erected  for  the  City  of  St.  Paul 
or  any  department,  bureau  or  activity  thereof  shall  be  prepared  under  the 
direction  of  the  comrnissioner  of  parks,  play-grounds  and  public  buildings; 
all  plans  and  specifications  for  engineering  work  shall  be  prepared  under  the 
direction  of  the  commissioner  of  public  works.  All  other  plans  and  specifi- 
cations shall  be  prepared  as  in  this  charter  otherwise  provided,  or  where  not 
provided  for  shall  be  prepared  as  the  council  .shall  direct. 

Advertisement  for  bids. — Sec.  311.  Advertisements  for  bids  shall  be  pre- 
pared by  the  purchasing  agent  under  such  regulations  as  the  council  by 
ordinance   may  prescribe. 

Bonds  or  checks  with  bids. — Sec.  312.  Bonds  or  certified  checks  shall 
accompany  all  bids,  in  .such   form  as  the  council  may  by  ordinance   prescribe. 

Opening  bids. — Sec.  312a.  All  bids  shall  be  opened  in  the  presence  of 
the  comptroller  or  his  representative,  the  purchasing  agent  and  the  head  of 
the   department  most  directly   concerned   in   the  contract. 

Bids  filed.— Sec.  312b.  All  bids  shall  be  properly  filed  bv  the  purchasing 
agent. 

Award  of  contracts. — Sec  313.  Unless  otherwise  provided  for  in  thLs 
charter,  all  contracts  involving  les.s  than  $5,000  shall  be  awarded  by  the  per- 
sons charged  with  the  opening  of  the  bids,  and  such  contracts  "shall  not  re- 
quire confirmation  by  the  council.  Where  more  than  $5,000  is  involved,  the 
award  shall  be  made  in  the  same  manner  and  by  the  same  persons,  but  it 
shall  not  be  complete,  and  it  shall  be  of  no  efifect  to  bind  the  city  unless  ap- 
proved by  the  council  by  resolution. 

Form — Drafting. — Sec.  314.  The  council  shall  by  ordinance  provide  the 
rnanner  in  which  contracts  shall  be  drafted  and  submitted  for  approval,  pro- 
vided that  all  such  contracts  be  in  triplicate,  one  copy  to  go  to  the  department 


76  CHARTER  OF  CITY  OF  ST.  PAUL. 

most  interested,  one  to  the  comptroller  and  one  to  the  party  contracting  with 
the  city. 

Comptroller  not  to  sign  until  money  is  provided. — Sec.  315.  No  contract 
-shall  be  signed  by  the  comptroller  until  provision  shall  have  been  made  for 
safficient  money  in  the  appropriate  fund  to  meet  the  indebtedness  incurred 
b}'  such  contract,  except  leases  and  contracts  for  public  lighting  and  heating, 
where  such  contracts  and  leases  are  herein  authorized  for  longer  periods  than 
one  year,  and  excepting  also  contracts  for  public  improvements,  the  cost  of 
which  is  to  be  paid  by  assessment  against  the  property  benefited. 

Execution  of  contracts. — Sec.  316.  All  contracts  and  leases  shall  be  exec- 
uted on  behalf  of  the  City  of  St.  Paul  by  the  mayor,  comptroller  and  city 
clerk.  The  head  of  the  department  to  which  the  contract  or  lease  pertains 
shall  also  execute  the  same  and  the  corporate  seal  shall  be  attached  thereto. 

Delivery  to  contractor. — Sec.  317.  Until  a  certified  copy  of  a  fully  exec- 
uted contract  is  delivered  to  the  contractor  it  shall  not  bind  the  citj-,  nor 
shall  any  claim  thereunder  be  approved  or  paid  by  the  city. 

Readvertising. — Sec.  318.  Bids  may  be  readvertised  for  under  such  con- 
ditions and  restrictions  as  the  council  may  bj'  ordinance  provide. 

Contractor's  liability. — Sec.  319.  Any  contractor  who  accepts  a  contract 
under  said  city  shall  take  the  same  under  the  that  he  shall  be 

personally  and  directly  responsible  for  any  and  all  loss,  damage  or  injury  to 
person  or  property  by  reason  of  the  neglect  or  failure  of  himself  or  any  one 
of  his  employes  'SO  to  perform  said  work  as  to  guard  against  all  loss,  damage 
or  injury  to  person  or  property,  and  shall  guard  such  work  by  suitable  guards 
by  day  and  by  lights  at  night,  so  as  to  prevent  any  such  loss,  damage  or  acci- 
dent. 

Contractor's  bond. — Sec.  320.  Except  as  otherwise  provided  in  this  char- 
ter .no  contract  shall  be  valid  for  any  purpose  until  the  contractor  who  is  a 
party  thereto  shall  file  a  bond  with  .sufficient  sureties  and  in  proper  form  to 
protect  the  city  fully  and  protect  all  persons  who  shall  furnish  said  contractor 
with  work,  service  or  material  in  the  carrying  out  of  said  contract.  The  coun- 
cil shall  by  proper  ordinance  give  efifect  to  this  provision.  Provided  that 
neither  the  council  nor  any  officer  shall  by  any  act  release  any  bondsman  from 
liability  upon  such  bond  until  the  contract  which  it  is  intended  to  guarantee, 
shall  be  completed  and  fully  carried  out  and  all  obligations  thereunder  or  in 
any  way  appertaining  thereto  shall  be  met.  All  persons  connected  in  any 
way  with  the  carrying  out  of  .said  contract  whether  as  employe,  laborer,  mate- 
rial man.  or  in  any  other  manner  whatsoever  shall  be  considered  a  party  in 
interest  for  the  purpose  of  invoking  the  protection  of  such  bond. 

Additional  bond. — Sec.  321  An  additional  bond  may  be  required  when- 
ever the  council  on  recommendation  of  the  city  officer  immediately  interested 
on  behalf  of  the  citj-  in  the  work,  may  see  fit,  or  where  such  additional  bond 
may  be  recommended  by  the  comptroller. 

Affidavit  of  payment  of  claims. — Sec.  322.  No  estimate  under  any  con- 
tract shall  be  paid  by  the  City  of  St.  Paul  until  the  contractor  files  with  the 
comptroller  an  affidavit  that  all  claims  for  all  work  and  labor  to  date  have 
been  paid. 

Assignment  of  contract. — Sec.  323.  Any  assignment  of  anj^  contractiin 
which  the  city  is  interested  or  to  which  the  city  is  a  party  -shall  make  it  null 
and  void  and  the  city  may  at  once  take  control  of  the  work  and  relet  it  as 
it  may  see  fit,  or  may  proceed  to  complete  the  same  at  the  expense  of  the 
contractor  and   his  bondsmen. 


CHARTER  OF  CITY  OK  ST.  PAUL.  77 

(  IIAPTEK    XVIT. 

Department  of  Public  Works. 

Composition. — Sec.  324.  There  is  hereby  created  a  Department  of  Public 
Works  which  shall  l)e  composed  of  the  bureaus  of  Engineers.  Sanitation,  Con- 
struction and  Repairs,  Bridges,  Corrections  and  General  .\dministratio,n  and 
subject  to  the  charter  and  enactments  in  pursuance  thereof,  the  same  shall  be 
under  the  full  and  complete  control,  direction  and  management  of  the  com- 
missioner of  public  works. 

Bureau  of  Engineers. 

Composition. — Sec.  325.  The  said  commissioner  of  public  works  shall  be 
the  chief  engineering  officer  of  the  city  and  subject  to  the  charter  and  the 
enactments  in  pursuance  thereof,  shall  name  and  appoint  the  following  officers 
and  employes  who  shall  be  and  constitute  the  bureau  of  engineers: 

A  chief  engineer  for  a  term  of  two  years  from  and  after  his  appointment 
and  until  hi^s  successor  is  appointed  and  at  an  annual  salary  not  to  exceed  five 
thousand  ($5,000)  dollars. 

Such  engineers,  surve3^ors,  draughtsmen  and  other  employes  as  the  coun- 
cil, by  an  administrative  ordinance,  shall  provide  and  at  such  compensation  as 
it  shall  fix. 

Duties. — Sec.  326.  The  said  bureau  shall  draught  all  plans,  sketches,  pro- 
files for  all  public  improvements,  not  otherwise  provided  for,  make  all  surveys, 
do  all  the  engineering  work  of  the  city,  including  the  water  board,  furnish  all 
technical  skill  and  ability  therefor,  and  exercise  a  general  supervision  and 
direction  over  all  construction,  and  repair  work  of  the  department  or  done 
under  its  direction,  and  also  perform  such  other  duties  as  may  be  imposed 
upon  it  by  this  charter  and  any  enactment  in  pursuance  thereof. 

Bureau   of   Construction   and   Repairs. 

Sec.  327.  The  said  commissioner  of  public  works  .shall  be  the  head  of  the 
bureau  of  construction  and  repairs  which  shall  be  composed  of  the  following 
persons,  all  of  whom  shall  be  appointed  or  employed  b}^  the  said  commissioner 
as  the  case  may  be: 

A  superintendent  of  construction  and  repairs,  chief  foremen,  foremen,  in- 
spectors, laborers  and  other  employes  as  the  council,  by  an  administrative 
ordinance,  shall  prescribe  and  at  such  compensation  as  it  shall  fix. 

Duties. — Sec.  328.  The  said  bureau  shall  do  and  perform  all  the  work, 
grading,  paving,  construction  and  repair  work  of  all  sewers,  streets,  alleys, 
levees,  lands,  boulevards,  parkways  and  other  public  places,  the  construction 
of  all  sewers,  side.walks,  reservoirs,  and  the  repair  of  each  of  the  aforesaid, 
the  laying,  relaying  and  removal  of  all  water  pipes  and  other  conduits  of  said 
city,  and  all  other  work,  including  that  for  the  water  board,  which  may  be 
imposed  on  it  for  the  benefit  of  the  city  or  any  of  its  departments  or  bureaus. 

Provided,  however,  that  nothing  hereinbefore  shall  preven.t  any  of  the 
aforesaid  work  to  be  performed  under  contract  as  may  be  by- this  charter 
provided.  Provided,  also  that  any  work  performed  by  the  aforesaid  bureau 
for  any  other  department  or  bureau,  the  cost  of  such  work  shall  be  paid  by 
said  department  or  bureau  out  of  the  funds  and  moneys  of  such  department 
or  bureau  for  which  such  work  may  be  performed. 

The  said  bureau  shall  inspect  and  report  the  progress  of  all  work  per- 
formed under  contract  in  the  construction  and  repair  of  public  improvements, 
nnless  otherwise  herein  provided,  in  such  manner  and  at  such  times  as  in  this 
charter  and   enactments   in   pursuance   thereof   may   be   provided   for. 


78  CHARTER  OF  CITY  OF  ST.  PAUL. 

Bureau  of  Bridges. 

Composition. — Sec.  329.  The  bureau  of  bridges  shall  be  composed  of  the 
said  commissioner,  and  'SUch  other  persons,  as  the  council,  by  an  administrative 
ordinance,  shall  provide  and  at  such  compensation  as  it  -shall  fix. 

Duties. — Sec.  330.  The  said  bureau  shall  have  charge  of  the  construction, 
care  and  repair  of  the  bridges  of  such  city,  and  shall  perform  such  other  duties 
as  may  be  imposed  upon  it  by  this  charter  or  enactments  in  pursuance  thereof. 

Bureau  of  Sanitation. 

Composition. — Sec.  331.  The  commissioner  of  public  \vork.s  shall  be  the 
head  of  the  bureau  of  sanitation,,  which  shall  be  composed  of  the  following 
persons: 

A  superintendent,  who  shall  be  a  sanitary  engineer,  and  such  other  em- 
ployes as  the  council,  by  an  administrative  ordinance  may  provide  and  at  such 
compensation  as  it  shall  fix;  all  of  whom  shall  be  appointed  or  employed,  as 
the  case  may  be,  by  said  commissioner. 

Duties. — Sfec.  332.  The  said  bureau  of  sanitation  shall  have  charge  of  the 
cleaning  of  all  streets,  alleys,  lanes,  parkways,  boulevards,  sewers  and  other 
public  places,  except  parks,  sidewalks,  bridges;  the  sprinkling  of  streets,  park- 
ways, boulevard*  and  other  public  places  except  parks;  the  collection  and  dis- 
position of  garbage,  refuse,  and  other  deleterious  substances;  and  the  collection, 
removal  and  disposal  of  all  such  material,  refuse  or  substance  for  which  the 
council  may  provide.  It  shall  have  charge  of  the  public  dumps;  the  operation 
and  maintenance  of  any  reduction  plants  and  other  plants  or  places  for  the 
disposition  of  any  material,  refuse  or  -substance  for  which  the  council  shall 
provide.  Likewise,  it  shall  perform  and  do  such  other  services  and  duties  as 
the  council  may  impose  on  it. 

Bureau   of  General   Administration. 

Composition. — Sec.  333.  The  bureau  of  general  administration,  shall  be 
under  the  direction  of  the  said  commissioner  and  shall  be  composed  of  the 
following  person-s: 

A  chief  clerk  and  such  other  employes  as  the  council  shall,  by  an  admin- 
istrative ordinance,  provide  and  at  such  compensation  as  it  shall  fix. 

Duties. — Sec.  334.  Such  bureau  shall  have  charge  of  all  the  accounting 
and  fiscal  operations  of  the  said  department  and  shall  have  such  other  powers 
and  duties  as  the  council  shall,  bj^  an  administrative  ordinance,  grant  and  im- 
pose. 

Bureau  of  Corrections. 

Workhouse. 

Administration. — Sec.  335.  In  the  management  and  administration  of  the 
bureau  of  corrections  or  workhouse,  the  commissioner  of  public  works  shall 
adopt  such  rules  with  the  approval  of  the  council,  by  an.  administrative  ordi- 
nance, for  the  regulation  and  discipline  thereof,  and  likewise  such  by-laws, 
rules  and  regulations  for  the  management  and  government  thereof,  and  for 
the  prisoners  therein  confined,  as  he  may  deem  necessary.  Such  commissioner 
shall,  in  the  manner  provided  by  this  charter,  make  requisition  for  such  ma- 
chinery, tools  and  raw  materials  for  use  therein  as  may  be  necessary  and 
proper,  and  shall  sell  through  the  purchasing  agent  all  goods  and  products 
made  or  manufactured  by  the  prisoners  in  said  workhouse.  All  mouey.^  re- 
ceived by  said  agent  from  such  sale  and  all  moneys  received  for  board  of 
prisoners  shall  be  deposited  with  the  commissioner  of  finance  to  the  credit  of 
the  workhouse  fund. 

Employes. — Sec.  336.  Said  commissioner  shall  appoint,  subject  to  the 
provisions    of    this    charter,    a    superintendent    and    such    subordinate    officers. 


CHARTER  OF  CITY  OF  ST.  PAUL.  79 

guards  and  emploj'es  as  the  council,  by  an  administrative  ordinance,  shall  pro- 
vide for  the  proper  management  and  discipline  of  said  workhouse,  and  at  such 
salaries  and  wages  as  it  'Shall  fix.  Said  employes  shall  be  commissioned  as 
special  police  officers. 

Superintendent. — Sec.  337.  The  superintendent  of  said  workhouse  shall  be 
the  executive  ofiicer  thereof  and  .shall  be  responsible  to  the  commissioner  of 
public  works  for  the  discipline  thereof  and  for  the  enforcement  of  all  laws, 
ordinances,  rules  and  regulations  relating  thereto.  He  shall  reside  at  said 
workhouse,  devote  his  entire  time  to  the  business  thereof,  examine  into  the 
condition  and  management  of  every  department  thereof  and  of  each  prisoner 
therein  confined,  daily. 

Diminution  of  sentences. — Sec.  338.  It  shall  be  tlie  duty  of  the  commis- 
sioner of  public  works  to  provide  and  keep  a  book  in  which  -shall  be  entered 
a  record  of  all  infractions  of  the  published  rules  and  discipline  of  the  said 
workhouse,  with  the  name  of  the  convict  ofifending,  and  the  date  and  char- 
acter of  each  ofifense,  and  every  convict  who  shall  have  been  sentenced  for  a 
term  of  one  (l)  or  more  years,  who  shall,  at  the  end  of  the  first  (1st)  month 
of  his  imprisonment,  have  no  infraction  of  the  discipline  of  the  prison  recorded 
against  him,  shall,  for  the  finst  (1st)  month  be  entitled  to  a  diminution  of  two 
(2)  days  from  the  term  of  his  sentence;  and  if  at  the  end  of  the  second  month, 
no  infraction  of  the  rules  is  recorded  against  him,  four  (4)  additional  days 
of  diminution  from  the  sentence;  and  if  he  shall  continue  to  have  no  such 
record  against  him  for  the  third  (3rd)  month,  his  time  of  sentence  shall  be 
shortened  six  (6)  additional  days;  and  if  he  shall  .so  continue  for  the  subse- 
quent months,  he  shall  be  entitled  to  six  (6)  days'  diminution  of  time  from 
his  sentence  for  each  month  he  shall  so  continue  his  good  behavior;  and  if 
any  convict  shall  so  pass  the  whole  term  of  his  service,  or  the  remainder  of 
his  sentence  after  the  adoption  of  this  charter  (providing  he  shall  have  the 
term  of  one  (1)  year  yet  to  serve),  he  shall  be  entitled  to  a  certificate  thereof 
from  such  commissioner,  and  shall  be  entitled  to  a  restoration  of  his  rights 
of  citizenship,  which  may  have  been  forfeited  by  his  conviction;  and  it  shall 
be  the  duty  of  the  commissioner  of  public  works  to  discharge  such  convict 
from  the  workhouse  when  he  shall  have  served  out  the  time  of  his  sentence, 
less  the  number  of  day.s  he  may  have  been  entitled  to  have  deducted  therefrom, 
in  the  same  manner  as  if  no  deduction  had  been  made;  provided,  that  if  such 
convict  shall  be  guilty  of  a  violation  of  any  of  the  printed  and  published  rules 
of  the  workhouse,  after  he  shall,  as  provided  in  this  chapter,  have  become  en- 
titled to  a  diminution  of  his  time  of  service  to  which  he  has  been  sentenced, 
the  commissioner  .shall  have  the  power  to  deprive,  at  his  discretion,  such  con- 
vict of  a  portion  or  all  (according  to  the  flagrance  of  the  violation  of  dis- 
cipline), of  the  diminution  of  the  term  of  sentence  to  which  he  had  been 
previously  entitled  by  this  chapter. 

It  shall  be  the  duty  of  the  commissioner  of  public  works  to  keep  a  record 
containing  the  name  of  each  prisoner  confined  in  the  workhouse,  the  nature  of 
the  ofifense  for  which  he  was  committed,  the  date  when  he  was  committed, 
the  penalty  imposed  by  the  Court  at  the  time  of  his  commitment,  the  date 
of  his  discharge  and  the  reason  therefor,  which  record  shall  be  a  public  record. 

Sentence  to  workhouse. — Sec.  339.  It  shall  be  the  duty  of  any  court,  judge 
or  justice  of  the  peace  in  the  County  of  Ramsey,  in  the  sentence  of  any  per- 
son, convicted  of  an  ofifense,  punishable  by  imprisonment  in  the  common  jail 
of  Ramsey  county,  to  sentence  such  person  to  be  confined  in  the  said  work- 
house, there  to  be  received,  kept  and  employed,  according  to  law,  under  the 
rules  and  regulations  of  said  workhouse;  and  it  shall  be  the  duty'of  all  officers 
having  the  execution  of  the  final  process  of  any  court  Or  justice  of  the  peace 
sentencing  convicted  persons  to  said  workhouse,  to  cause  such  criminals  to  be 
conveyed  forthwith  to  said  workhouse. 

Escapes. — ^Sec.  340.  Any  person  lawfully  committed  to  said  workhouse, 
who  shall  escape  therefrom,  or  break  the  same  with  intent  to  escape  there- 
from, or  who  .shall  attempt  bv  force  or  violence  or  in  any  other  way,  to 
escape   from   said  workhouse,   whether  such   escape  be   effected   or   not,   shall. 


80  CHARTER  OF  CITY  OF  ST.  PAUL. 

upon  conviction  thereof  before  the  municipal  court  of  said  city  be  punished 
by  confinement  in  said  workhouse,  for  a  term  not  exceeding  double  the  term 
for  which  such  person  was  so  sentenced,  to  commence  from  and  after  the 
expiration  of  his  or  her  former  sentence. 

Agreements  with  county  board. — Sec.  341.  The  county  commissioners  of 
any  organized  county  of  the  .state  of  Minnesota  shall  have  full  power  and 
authority  to  enter  into  an  agreement  with  the  council  of  the  City  of  St.  Paul, 
or  with  any  authorized  agent  or  officer  in  behalf  of  said  city,  to  receive  and 
keep  in  the  St.  Paul  workhouse  any  person  or  persons  over  sixteen  years  ot 
age,  who  may  be  sentenced  to  confinement  by  any  court  or  justice  of  the  peace 
in  any  of  said  counties,  for  any  term  not  less  than  sixty  days.  Whenever  such 
agreement  shall  have  been  made,  to  give  public  notice  thereof  in  some  news- 
paper published  within  said  county,  if  there  be  one,  and  in  ca«e  no  newspaper 
is  published  within  said  county,  then  such  notice  shall  be  published  in  some 
newspaper  published  in  the  City  of  St.  Paul  for  a  period  of  four  weeks,  and 
such  notice,  shall  state  the  period  of  time  for  which  such  agreement  shall 
remain  in  force. 

Effect  of  such  agreement. — Sec.  342.  In  every  county  having  such  agree- 
liient  with  the  said  City  of  St.  Paul,  it  shall  be  the  duty  of  every  court,  police 
justice,  justice  of  the  peace  or  other  magistrate,  by  whom  any  person  over 
sixteen  years  of  age,  for  any  crime  or  misdemeanor  not  punishable  by  im- 
prisonment in  the  state  prison,  may  be  sentenced  for  any  term  not  less  than 
sixty  days,  to  sentence  such  person,  if  over  sixteen  years  of  age  to  the  work- 
house in  the  City  of  St.  Paul,  there  to  be  received,  kept  and  employed  in  the 
manner  prescribed  by  law,  and  the  rules  and  discipline  of  the  .said  workhouse; 
and  it  shall  be  the  duty  of  any  such  court,  police  justice,  justice  of  the  peace 
or  other  magistrate,  by  a  warrant  of  commitment  duly  issued  by  the  court, 
justice  or  magistrate  declaring  such  sentence,  to  cause  such  person  so  sen- 
tenced, to  be  forthwith  conveyed  by  some  proper  officer,  to  said  workhou.se. 

Duty  of  sheriff,  etc. — Sec.  343.  It  shall  be  the  duty  of  the  sheriff,  con- 
stable or  other  officer  in  and  for  any  county  having  such  agreement  with  said 
City  of  St.  Paul  to  whom  any  warrant  or  commitment  for  that  purpose  may 
be  directed,  by  any  court  or  magistrate  in  such  countv,  to  convey  such  person, 
so  sentenced  to  the  said  workhouse  in  the  City  of  St.  Paul,  and  there  deliver 
such  person  to  the  keeper  or  other  proper  officer  of  said  workhouse,  who.se 
duty  it  shall  be  to  receive  such  person  so  sentenced,  and  safely  to  keep  and 
employ  such  person  for  the  term  mentioned  in  the  warrant  or  commitment, 
according  to  the  laws  of  said  workhouse;  and  the  officer  thus  conveying  and 
so  delivering  the  person  or  persons  so  .sentenced,  shall  be  allowed  such  fees 
or  compensation  therefor  as  shall  be  prescribed  or  allowed  by  the  board  of 
commissioners  for  the  county  in  which  such  prisoners  shall  have  been  con- 
victed. 

Compensation  for  care  of  prisoners. — Sec.  344.  That  for  the  board,  con- 
finement and  maintenance  of  all  prisoners  received  in  the  St.  Paul  workhouse 
from  any  county,  with  which  the  City  of  St.  Paul  has  a  contract  to  receive 
such  prisoners,  and  from  the  County  of  Ramsey,  such  compensation  may  be 
charged  and  received  by  the  commissioner  of  public  works,  from  the  counties 
in  which  said  prisoners  were  convicted  as  may  be  agreed;  but  in-  no  event 
shall  the  price  or  sum  for  the  board  or  maintenance  of  any  prisoner  exceed 
$1.50  per  week. 

Compensation  of  sheriff  for  board  of  prisoners. — Sec.  345.  That  after  the 
adoption  of  this  charter  no  greater  or  other  sum  than  $1.50  per  week  shall  be 
paid  by  the  City  of  St.  Paul  to  the  sheriff  of  Ramsey  county  for  the  board 
of  any  prisoner  sentenced  by  or  held  under  any  process  or  warrant  issued  out 
of  the  municipal  court  of  said  City  of  St.  Paul,  which  sum  shall  be  in  full  for 
all  charges  and  expenses  for  the  commitment  as  well  as  the  board  of  such 
pri.soners. 


CHARTER  OF  CITY  OF  ST.  PAUL. 


81 

Powers   and  Duties  of   Commissioner — General   Provisions. 

Appointments  of  commissioners.  Sec.  34(5.  The  said  commissioner  shall 
appoint  only  such  persons  to  be  chief  engineer  and  such  other  engineers,  sur- 
veyors, and  other  skilled  employes  in  the  bureau  of  engineers;  and  such  per- 
sons as  superintendent  of  construction  and  repairs,  and  other  skilled  employes 
of  said  bureau  of  construction  and  repairs,  and  such  persons  as  superintendent 
of  sanitation  and  other  skilled  employes  in  the  said  bureau  of  .sanitation,  and 
other  skilled  employes  of  said  department  who  shall  possess  and  have  the 
qualifications  prescribed  by  the  council,  by  an  administrative  ordinance.  And 
the  said  chief  engineer,  superintendent  of  construction  and  repairs,  and  the 
superintendent  of  sanitation  .shall  be  appointed  only  with  the  consent  and 
approval  of  the  council,  bj'  resolution. 

General  powers  and  duties. — Sec.  347.  The  said  commissioner  of  public 
works  shall  be  ex-otticio  a  member  of  the  water  board  and  shall  be  responsible 
for  all  construction  work  and  repairs,  except  buildings,  in  connection  with 
said  water  board.  He  shall  have  charge  of  all  engineering  and  survejnng  work 
of  the  city  or  any  of  its  departments.  He  .shall  keep  or  cause  to  be  kept  a 
complete  official  and  public  record  of  all  work  of  his  department  and  in  his 
office,  and  shall  record  notes,  maps,  plats,  and  other  data  made,  prepared  or 
secured  by  said  department  or  its  employes  shall  be  the  property  of  said 
city.  He  may  transfer  any  employe  temporarily  from  one  bureau  to  another, 
or  reqtiire  anj^  employe  of  one  bureau  to  perform  duties  for  another. 

He  shall  have  charge  and  direction  of  all  municipal  quarries,  works,  and 
ether  facilities  for  the  construction  and  laying  of  macadam,  asphalt  and  other 
kinds  of  paving  material:  cement  works,  gravel  pits  and  other  works  for  the 
making  of  cement  stone  or  blocks,  tile  or  other  artificial  stone  for  sidewalks 
or  any  other  material  used  in  the  construction  of  repair  work  to  be  done  by 
said  commissioner,  or  the  water  board,  or  any  other  department  or  bureau 
of  said  city;  an}^  and  all  apparatus,  works  or  facilities  for  the  cleaning,  repair- 
ing, constructing,  .sprinkling,  any  sewer,  street,  alley,  or  other  public  highway, 
or  bridge,  and  the  collection  of  and  disposal  of  any  garbage,  or  other  waste 
material. 

He  shall  grant  such  permits  or  privileges  in  the  streets,  alleys  and  other 
public  places  as  the  cotincil  by  ordinance,  shall  authorize  him  to  grant  and  upon 
such  conditions  as  it  mav  prescribe,  and  supervise  the  exercise  thereof. 

He  .shall  perform  such  other  duties  and  exercise  such  other  powers  as  the 
council  may  grant  and  prescribe. 

Sec.  348.  No  employe  or  officer  of  said  department  shall,  during  such 
hours  of  his  employment,  perform  any  service  or  do  any  work,  except  for  the 
said  department  or  the  city.  No  engineer,  surveyor  or  other  skilled  officer 
or  employe,  shall  at  any  time  perform  any  service  for  compensation  or  grattiity 
or  reward  for  any  other  person  or  persons,  but  shall  give  and  devote  all  his 
cft"orts  and  time  to  said  department  and  the  city. 

Rules  and  regulations. — Sec.  349.  The  said  commissioner  shall  have  the 
power,  subject  to  the  approval  by  the  council,  by  an  administrative  ordinance 
to  make  such  rules  and  regulations  for  the  government  of  the  said  department 
or  any  of  the  bureaus  thereof  as  the  said  commissioner  may  deem  necessary 
and  wise. 

.  Sec.  349-a.  Said  commissioner  of  public  works  shall  prepare  plans,  specif- 
ications and  estimates  for  all  work  provided  for  in  this  chapter  and  the  chap- 
ter of  this  charter  on  local  improvements  (Chapter  XIV)  and  said  plans  shall 
be  approved  by  the  council  before  any  work  shall  be  done  undeT  them.  After 
any  such  improvement  has  been  ordered,  said  council  shall  cause  bids  to  be 
received  therefor  on  the  basis  of  said  contractor  furnishing  all  labor  and  mate- 
rial for  said  work  for  a  specified  sum;  also  on  the  basis  of  a  force  account, 
said  contractor  to  receive  a  certain  nercentage  of  cost  price  for  carrying  on 
the  work.  Said  council  may  let  said  contract  as  it  may  see  fit  or  it  may 
reject  all  bids  and  order  said  commissioner  of  public  works  to  secure  the  nec- 
essary material  through  the  ourchasinsr  agent  nrovided  for  in  this  charter, 
and  perform  said  work  by  day  labor.     In   cither  ca.se  said   work   shall  be  paid 


82  CHARTER  OF  CITY  OF  ST.  PAUL. 

for  as  this  charter  provided  and  said  commissioner  shall  have  general  charge 
thereof.     The  council  shall  by  proper  ordinance  give  effect  to  this  section. 


(  HAPTER    XVIII. 

Department  of  Public  Safety. 

Composition. — Sec.  350.  There  is  hereby  created  a  department  of  public 
safety  which  shall  be  composed  of  the  bureaus  of  police,  of  fire  protection, 
of  health,  of  police  and  fire  alarm  telegraph,  and  of  general  administration, 
and  subject  to  the  charter  and  enactments  in  pursuance  thereof,  the  same  .shall 
be  under  the  full  and  complete  control,  direction  and  management  of  the  com- 
missioner of  public  safety. 

Commissioner's  powers  and  duties. — Sec.  351.  Upon  recommendation  of 
the  said  commissioner  the  council  shall  pass  an  administrative  ordinance  de- 
fining and  creating  in  detail  the  organization  and  arrangement  of  the  depart- 
ment and  each  and  every  bureau  thereof,  covering  the  transaction  of  the 
busin&ss  thereof  and  of  each  bureau,  and  rules  and  regulations  for  the  man- 
agement and  government  of  the  department  and  each  and  every  bureau 
thereof,  defining  the  powers  and  duties  of  all  officers  and  employes  of  said 
department  and  its  bureaus  subordinate  to  the  said  commissioner,  provided 
that  the  same  shall  be  subject  to  the  provisions  of  this  charter  and  any  ordi- 
nance enacted  in  pursuance  thereof,  and  provided  further  that  nothing  therein 
shall  prevent  the  said  commissioner  from  using  the  officers  and  employes  of 
one  bureau  temporarily  for  work  in  another,  or  the  performance  of  work  con- 
nected with  the  city  business  which  the  said  commissioner  may  direct  them 
to  perform.  It  is  hereby  declared  to  be  the  intent  of  this  charter  that  all 
administrative  details  remain  and  be  in  the  hands  of  the  said  commissioner, 
so  that  he  may  secure  the  best  results  from  his  subordinates. 

Appointments,  etc. — Sec.  352.  Subject  to  the  charter  and  enactments  in 
pursuance  thereof,  the  said  commissioner  shall  have  the  power  to  appoint, 
promote,  suspend,  reprimand,  dismiss  and  otherwise  punish  any  officer  or  em- 
ploye of  said  department  or  its  bureaus,  and  also  to  require  a  bond  therefrom 
and  prescribe  the  conditions  thereof. 

Hearings. — Sec.  352-a.  The  said  commissioner  mav  conduct  any  inquiry 
relating  to  the  business  of  his  department  or  the  conduct  of  any  officer  or 
employe  of  his  department  relative  to  the  performance  of  his  duty  and  shall 
have  the  power  to  summon  and  compel  the  attendance  of  witnesses,  the  pro- 
duction of  books,  papers  or  other  documentary  evidence;  to  examine  the  same 
under  oath,  and  to  administer  oaths. 

Police  and  fire  districts. — Sec.  353.  The  said  commissioner  shall  recom- 
rnend  and  the  council  by  an  administrative  ordinance  may  establish  and  pro- 
vide for  the  erection,  equipment  and  maintenance  of  such  police  and  fire  dis- 
tricts, precincts,  stations  and  sub-stations,  as  may  be  necessary  for  the  proper 
conduct  of  the  department,  and  shall  provide  for  equipment  and  maintenance 
of  a  police  ambulance. 

Custody  of  property. — Sec.  354.  All  property  of  even  description  what- 
ever belonging  to  and  under  the  control  of  the  said  department  or  its  bureaus 
shall  be  in  the  custody  of  and  under  the  control  of  the  said  commissioner, 
who  shall  be  responisble  for  its  safe-keeping.  Subject  to  the  charter  and 
ordinances  pursuant  thereto,  the  council,  upon  recommendation  of  the  said 
commissioner,  shall  by  an  administrative  ordinance,  provide  and  prescribe  rules 
and  regulations  for  the  care,  custody,  preservation,  acquisition,  control,  man- 
agement and  alienation  of  all  property  belonging  to  the  said  department  or 
its  bureaus. 


CHARTER  OI"  CITY  OF  ST.  PAUL.  83 

Injuries  and  death  in  service. — Sec.  355.  On  the  recommendation  of  the 
■said  commissioner,  the  council  may  provide  for  and  allow  to  any  fireman, 
policeman,  or  other  employe  of  the  bureaus  of  police,  fire  protection,  and 
police  and  fire  alarm  telegraph  injured  in  actual  service  and  in  the  perform- 
ance of  his  duty,  such  compensation  or  pay  and  for  such  period  as  it  may 
deem  proper.  And,  in  all  cases  where  any  of  the  aforesaid  persons,  while  in 
the  performance  of  his  duty  shall  be  killed  or  so  injured  that  death  shall 
result  therefrom  within  one  year  from  the  time  of  such  injury,  then  the  council 
may  provide  for  the  payment  to  the  widow%  minor  children  or  any  next  of 
kin  wholly  dependent  on  such  deceased  for  support  a  'Sum  not  to  exceed  $40 
per  month  for  the  widow  and  minor  children  until  the  youngest  of  said  minor 
children  shall  reach  the  age  of  sixteen  years,  then  $30  per  month  to  the  widow 
while  she  shall  remain  a  resident  of  Minnesota  and  remain  unmarried.  If  there 
be  no  widow  surviving,  then  each  minor  child,  if  any,  shall  receive  $15  per 
month  until  said  child  reaches  the  age  of  eighteen  years,  w^hen  said  payments 
shall  cease;  provided,  however,  that  in  all  causes  of  injury  or  death  the  parties 
affected  thereby  and  to  whom  money  shall  be  paid,  shall,  before  the  same  is 
paid,  execute  a  good  and  sufficient  release  discharging  the  city  from  any  and 
all  liability. 

Bureau  of  Police. 

Composition. — Sec.  356.  The  said  commissioner  shall  ex-officio  be  the 
chief  of  police  and  peace  officer  of  the  city,  and  subject  to  the  charter  and 
enactments  in  pursuance  thereof,  shall  appoint  the  oiificers  and  employes  here- 
inafter named,  who  shall  constitute  and  be  the  bureau  of  police: 

A  chief  of  police,  at  a  salary  not  to  exceed  $4,000.00  per  annum  and  for 
a  term  of  two  years  from  and  after  his  appointment  and  until  his  successor  is 
appointed. 

A  license  inspector,  at  a  salary  to  be  fixed  by  the  council,  and  for  a  term 
of  two  years  from  and  after  his  appointment  and  until  his  successor  is  ap- 
pointed, provided,  however,  that  the  two  appointments  above  shall  be  made 
with  the  approval  of  the  council. 

Such  captains,  lieutenants,  detectives,  patrolmen  and  such  other  employes 
as  the  council,  by  an  administrative  ordinance,  shall  provide  including  one  or 
more  women  to  be  detailed  for  special  work  as  police  officers,  and  at  such 
compensation  as  it  shall  fix,  provided,  however,  that  there  shall  be  no  more 
than  one  lieutenant  and  two  sergeants  for  each  police  station. 

Such  surgeons  and  other  employes  and  at  such  compensation  as  the  coun- 
cil shall  likewise  provide  and  prescribe  for  the  maintenance  and  operation  of 
a  police  ambulance. 

Such  special  policemen  and  watchmen,  who  shall  serve  without  paj'  and 
who  shall  have  all  the  authority  conferred  upon  policemen  in  the  regular  ser- 
vice and  who  shall  be  subject  to  all  the  rules  and  regulations  prescribed  for 
such  special  policemen  and  watchmen  and  who  shall  not  be  subject  to  the  civil 
service  provisions  of  this  charter. 

Powers  of  police. — Sec.  357.  The  chief  of  police  and  all  members  of 
bureau  of  police  ■shall  possess  the  Dower  of  constables  at  common  law  and 
such  powers  conferred  bv  statutes  of  this  state,  and  shall  have  power  to  pursue 
and  arrest  any  person  fleeing  from  justice  in  anv  part  of  the  state;  provided, 
how-ever,  that  no  members  of  the  said  bureau  of  police  shall  go  outside  the 
limits  of  the  city  in  pursuit  of  any  offender  or  to  execute  anj^  warrant  or  pro- 
cess except  in  cases  where  an  offense  is  committed  within  the  said  city. 

All  councilmen,  the  mayor,  and  all  members  of  the  bureau  ai  police  shall 
be  officers  of  the  peace  and  may  command  peace,  suppress  in 'a  summary 
manner  all  rioting  and  disorderly  conduct  within  the  limits  of  the  city,  and 
for  such  purpose  may  command  the  assistance  of  all  bystanders,  and  if  neces- 
sary of  all  citizens  and  all  companies  of  the  National  Guard  of  Minnesota: 
and  if  any  citizen,  bystander,  militarv  officer  or  private  of  said  Guard  shall 
refuse  when  so  required  to  maintain  the  peace,  such  person  shall  forfeit  and 
pay  a  fine  of  fifty  ($50.00)  dollars.  In  cases  where  the  military  power  may  be 
required   to   suppress   riot   or   disorderly  conduct,  or   preserve   the   peace,  the 


84  CHARTER  OF  CITY  OF  ST.  PAUL. 

mayor,  counciinieii,  a  lieutenant  or  superior  officer  of  the  police  force,  if  pres- 
ent, shall  direct  all  proceeding's,  and  if  none  such  is  present,  then  the  superior 
military  officer  present  shall  direct  all  proceedings. 

Municipal  Court  Officers. — Sec.  358.  All  powers  conferred  upon  the  mayor 
and  the  police  force  by  general  or  special  law  relating  to  the  Municipal  Court, 
are  hereby  conferred  upon  and  imposed  upon  the  commissioner  of  public 
safety  and  the  bureau  of  police. 

License  inspector. — Sec.  359.  Except  as  otherwise  provided  by  law  and 
this  charter  the  license  inspector,  under  the  direction  and  control,  of  the 
said  commis-sioner,  shall  enforce  all  payments  of  all  licenses,  moneys  payal)le 
to  said  city  and  report  all  violations  of  license  laws. 

Eligibility. — Sec.  360.  No  person  shall  be  appointed  a  police  officer  who 
is  not  an  elector  of  the  city  under  thirty-five  years  of  age,  able  to  read  and 
write  and  speak  English,  and  who  is  not  in  good  health  and  physique  as 
established  by  a  physical  examination,  but  this  condition  shall  not  apply  to 
the  chief  of  police,  detectives,  special  policemen  and  watchmen,  women  officers 
as  above  authorized,  matrons  and  license  inspector  or  bailiffs  of  JNlunicipal 
Court. 

General  duties. — Sec.  361.  It  shall  be  the  duty  of  the  said  commissioner 
and  the  bureau  of  police: — • 

A.  To  enforce  all  the  laws  of  the  State  of  Minnesota  and  the  ordinances 
of  the  city  and  arrest  violators  thereof. 

B.  Report  the  condition  of  all  public  lights  and  sidewalks  and  any  viola- 
tion of  the  health  and  sanitary  laws  and  ordinances  as  well  as  of  the  rules 
and  regulations  of  the  bureau  of  health. 

C.  Report  all  injuries  to  persons  and  property  occurring  through  acci- 
dent or  otherwise  upon  the  streets,  alleys  and  public  places  vv^ithin  the  city, 
and  all  facts  relating  thereto. 

D.  Report  all  materials  or  debris  carelessly  or  wilfully  left  in  the  public 
streets,  alleys  and  public  places  which  will  in  any  way  impede  public  travel 
or  caU'Se  any  expense  to  the  city  for  the  removal  thereof. 

Disposition  of  weapons. — Sec.  362.  The  commissioner  aforesaid,  subject 
to  the  provisions  of  this  charter,  may  provide  for  the  sale,  destruction  or  other 
disposition  of  all  weapons,  apparatus,  implements,  and  other  articles  used  in 
the  commission  of  crime  or  commg  into  the  custody  of  said  bureau;  provided, 
however,  that  where  such  may  be  used  as  evidence  in  either  a  civil  or  criminal 
proceeding,  the  same  shall  in  no  way  be  disposed  of  except  upon  a  written 
order  of  a  court  of  record. 

Lost  or  stolen  property. — Sec.  363.  Where  lost  or  stolen  property  shall 
come  into  the  hands  of  said  bureau,  and  be  not  claimed,  identified,  or  the  true 
owner  be  not  found,  then  the  said  .commissioner  shall  cause  the  .same  to  be 
sold  by  the  purchasing  agent  after  ten  (10)  days'  notice  of  such  sale  in  the 
official  paper,  and  the  proceeds  therefrom  shall  be  deposited  in  the  treasury 
of  said  city  to  the  credit  of  said  bureau. 

Sec.  364.  Said  commissioner  shall  detail  at  the  request  of  the  county 
attorney  of  Ramsey  county  one  or  more  membens  of  said  police  bureau  to 
work  under  the  direction  of  said  county  attorney,  and  while  so  engaged  they 
fhall   be   paid   by   the   county. 

Gratuities. — Sec.  365.  Any  member  of  the  bureau  of  police  who  shall 
accept  from  any  person,  while  in  custody  or  after  he  shall  have  been  dis- 
charged, or  from  any  of  said  person's  friends  or  from  any  person  any  gratuity, 
rewardor  description  of  drink;  or  who  shall  receive  from  any  person  without 
the  written  consent  of  the  said  commis.sioner  any  reward  for  the  arrest  of 
any  person  or  the  recovery  of  any  goods,  or  money  compensation  for  injuries 
sustained,  shall  be  guilty  of  a  misdemeanor  and  shall  be  removed  from  such 
service  and  otherwise  punished.  Such  permission  shall  be  and  constitute  a 
permanent  public  record. 


CHARTER  OF  CITY  OF  ST.  PAUL.  85 

Park  police. — Sec.  366.  Nothing  herein  contained  shall  be  deemed  to  give 
the  coniniissioner  of  public  safety  or  the  bureau  of  police  any  jurisdiction  over 
the  police  organized  and  maintained  by  the  department  of  parks,  playgrounds 
and  public  buildings. 

Bureau  of  fire  protection. — Sec.  367.  The  said  commissioner  of  public 
tafety  shall  be  ex-officio  lire  marshall  and  head  of  the  bureau  of  fire  protection, 
and  subject  to  the  charter  and  enactments  in  pursuance  thereof,  shall  name 
and  appoint  the  officers  and  employes  hereinafter  named,  who  shall  be  and 
constitute  the  bureau  of  fire  protection: 

A  fire  chief  for  a  term  of  two  years  from  and  after  his  appointment  and 
until  his  successor  is  appointed  and  at  an  annual  salary  not  to  exceed  four 
thousand  ($4,000.00)  dollars;  the  appointment  of  said  chief  shall  be  subject  to 
confirmation  by  the  city  council. 

An  assistant  chief  for  a  term  of  two  years  from  and  after  his  appointment 
and  until  his  successor  is  appointed,  and  at  an  annual  salary  not  to  exceed 
two  thousand  ($2,000.00)  dollars  a  year. 

Such  battalion  chiefs,  captain*,  lieutenants,  engineers,  and  other  employes 
as  the  council,  by  an  administrative  ordinance,  shall  provide  and  at  such  com- 
pensation as  it  shall  fix. 

Police  powers. — Sec.  368.  When  acting  under  the  direction  of  the  said 
commissioner,  or  any  officer  of  the  bureau  of  fire  protection,  or  when  en- 
gaged in  any  duty  imposed  by  this  charter  or  enactments  in  pursuance  thereof, 
or  in  actual  service  of  fire  prevention  and  fire  extinguishment,  all  firemen  and 
employes  of  said  bureau  shall  have  the  power  of  policemen,  provided,  however, 
that  all  officers  of  the  bureau  shall  at  all  times  have  such  powers. 

Fire  chief — Powers. — Sec.  369.  The  fire  chief  or  the  superior  officer  of  the 
bureau  present  shall  have  full  control  of  all  persons  present  at  fires  and  shall 
have  power,  if  need  be,  to  summon  any  and  all  persons  present  to  aid  in 
extingui'Shing  anj'  fire,  to  remove  personal  property  from  any  burning  struc- 
ture and  in  guarding  the  same,  and  any  person  refusing  so  to  do  shall  be 
guilty  of  a  misdemeanor.  Such  person  shall  also  have  power  to  order  or 
cause  the  removal  or  destruction  of  any  building,  structure  or  obstruction  for 
the  purpose  of  checking  or  extinguishing  any  fire. 

Eligibility. — Sec.  370.  No  person  shall  be  appointed  a  fireman  unless  he 
po&sess  the  same  qualifications  as  herein  required  for  policemen;  provided, 
however,  that  this  shall  not  apply  to  the  chief,  assistant  chief  or  other  posi- 
tions requiring  a  technical  knowledge. 

Additional  duties. — Sec.  371.  The  council  by  ordinance  may  imoose  fur- 
ther powers  and  duties  on  the  bureau  of  fire  protection,  any  of  its  officers  and 
employes. 

Bureau  of  Health. 

Composition. — Sec.  372.  The  commissioner  of  public  safety  shall  ex- 
officio  be  the  chief  health  officer  of  the  city,  and  -subject  to  the  charter  and 
enactments  in  pursuance  thereof,  shall  appoint  the  officers  and  employes 
hereinafter  named,  who  shall  be  and   constitute  the  bureau  of  health. 

A  health  officer,  who  shall  be  a  duly  licensed  physician  of  not  less  than 
five  years'  practice,  and  at  a  salary  not  to  exceed  four  thousand  ($4,000.00) 
dollars  per  annum. 

A  deputy  health  officer,  who  shall  be  a  duly  licensed  physician  of  not  les« 
than  three  years'  practice,  and  at  a  salary  not  to  exceed  two  thousand  five 
hundred  ($2,500.00)  dollars  per  annum. 

Both  of  the  above  officers  shall  be  appointed  with  the  consent  of  the 
council,  and  each  shall  hold  office  for  a  term  of  two  years  from  and  after 
their  appointment  and  until  their  successors  are  appointed. 

Such  other  officers,  physicians,  in.spectors,  assistants  and  other  employes 
as  the  council,  by  an  administrative  ordinance,  may  provide  and  at  such  com- 
pensation  as  it  shall,  fix. 


86  CHARTER  OF  CITY  OF  ST.  PAUL. 

General  health  powers. — Sec.  373.  The  council  on  recommendation  of  the 
said  commissioner  shall,  b}'  ordinance,  give  the  said  commissioner  and  said 
health  officer  such  powers  and  impose  upon  them  such  duties  as  will  enable 
them  fully  to  protect  the  public  health  and  the  sanitary  condition  of  the  city. 
Such  health  officer  shall  also  be  the  sanitary  adviser  of  ail  city  officers.  Said 
commissioner,  by  and  through  the  bureau  of  health  shall  have  the  power  of 
abating  any  nuisance  upon  such  notice  and  by  such  methods  as  the  council, 
by  ordinance  shall  prescribe;  shall  have  the  pow-er  of  controlling  or  taking 
measures  to  control  all  contagious  infectious  diseases  within  said  city;  to 
placard  ail  infected  houses  and  buildings;  shall  have  full  charge  of  such  small- 
pox or  detention  hospitals  as  said  city  may  establish  or  has  established;  and 
in  case  of  pestilence  or  epidemic,  actual  or  impending,  take  such  measure  as 
he  may  in  good  faith  deem  necessary  to  insure  the  public  health  or  safety. 
Said  commissioner  shall  take  such  measures  as  in  the  opinion  of  the  health 
officer  may  be  necessarv  to  prevent  the  spread  of  smallpox  or  other  con- 
tagious and  infectious  disease;  he  shall  have  the  power  to  quarantine,  placard 
and  disinfect  any  house  or  building  or  order  it  to  be  done;  close  the  same 
until  so  disinfected;  and  subject  to  the  approval  of  the  council,  he  may  order 
all  boats,  trains,  and  other  conveyances  bringing  persons  or  goods  to  the  city 
to  be  quarantined  and  compel  persons  or  corporations  operating  the  same  to 
take  such  steps  as  may  be  necessary  to  protect  the  public  health.  It  shall  be 
the  duty  of  said  commissioner  to  see  to  it  that  all  persons  so  quarantined 
shall  receive  proper  medical  attendance,  nursing,  food,  and  quarters;  shall 
decide  upon  the  advice  of  the  health  officer  when  persons  so  quarantined  shall 
be  discharged  therefrom  and  what  precautions  shall  be  taken  before  their  dis- 
charge for  the  protection  of  the  public  health;  and  shall  keep  at  such  quaran- 
tine such  police  force  necessary  to  enforce  the  orders  of  said  commissioner 
and  the  health  officer.  Said  commissioner  with  the  approval  of  the  council 
shall  have  power  to  establish,  equip  and  maintain  such  quarantine  stations, 
hospitals  and  other  buildings  as  may  be  necessary  for  the  preservation  of  the 
public  health.  He  shall  provide  proper  blanks  and  forms  for  all  returns  and 
data  for  vital  statistics,  and  shall  secure  a  proper  registry  of  births,  deaths 
and  other  necessary  statistics  within  said  city.  He  shall  cause  to  be  vaccin- 
ated free  of  charge  and  give  certificates  thereof  to  all  persons  applying  there- 
for. Said  commissioner  shall  have  the  power  of  abating  and  correcting  any 
condition  considered  by  said  health  officer  to  be  detrimental  to  the  public 
health  and  the  sanitary  condition  of  the  city.  He  shall  enforce  all  state 
laws  relating  to  the  public  health  and  shall  have  full  sanitary  control  of  all 
places  and  institutions  within  the  city  and  mav  require  from  all  persons  in 
administrative  control  of  hospitals,  asylums,  dispensaries,  prisons,  schools, 
theaters  and  other  places  of  amusement  or  recreation  to  make  such  reports 
as  may  aid  in  making  safer  the  public  health.  It  is  hereby  made  the  duty 
■of  every  physician  and  midwife  within  said  city  to  report,  in  such  manner  as 
the  commissioner  may  direct,  all  births  and  with  such  other  facts  deemed 
pertinent  by  said  commissioner,  and  all  physicians  shall  register  and  report 
in  such  form  as  may  be  prescribed  by  said  commissioners,  all  deaths  of  which 
he  has  knowledge,  within  twenty-four  hours  after  he  has  learned  of  said 
deaths.  The  coroner  shall  report  to  the  said  commissioner  within  forty-eight 
hours  after  it  is  completed  the  result  of  any  inauest.  All  physicians  shall 
report  in  such  manner  as  the  said  commissioner  shall  direct  all  cases  of  con- 
tagious diseases.  Said  commissioner  with  the  approval  of  the  council  shall 
make  such  regulations  and  rules  as  may  be  necessarv  for  the  interment  and 
removal  of  all  dead  bodies.  Said  commissioner  shall  have  jurisdiction  over 
all  lakes  and  water  courses  in  Ramsey  county  to  the  same  extent  as  though 
located  within  the  city. 

The  council  by  proper  ordinances  shall  make  effective  and  define  in  detail 
all  powers  and  duties  hereinbefore  imposed  and  granted,  and  such  other  powers 
and  duties  as  may  be  necessary  to  conserve  the  public  health. 

All  persons  whatever  violating  the  provisions  of  the  charter  or  ordinances 
enacted  in  pursuance  thereof,  all  rules  and  regulations  of  the  bureau  of  health 
concerning  the  public  health  and  sanitation,  or  who  shall  interfere  with  any 
health  officer  in  the  performance  of  his  duties  shall  be  guilty  of  a  misdemeanor 


CHARTER  OF  CITY  OF  ST.  PAUL.  87 

and  shall  be  subject  to  a  fine  not  to  exceed  one  hundred  ($100.00)   dollars  or 
imprisonment  not  to  exceed  ninety  (90)  days,  or  both. 

Removing  nuisances. — Sec.  374.  The  council,  by  ordinance,  may  empower 
the  said  commissioner  to  remove  and  abate  or  cause  the  same  to  be  removed 
or  abated,  any  nuisance,  any  substance,  matter,  omission  or  thing,  which  said 
commissioner  may  regard  as  dangerous  to  the  health  or  as  impairing  the 
sanitary  condition  or  good  order  of  the  city,  being  or  lying  in  any  street,  alley, 
water,  excavation,  building,  erection,  place,  lot  or  grounds  and  may  designate 
a  place  to  which  the  same  may  be  removed.  He  shall  serve  a  notice  on  the 
owner,  occupant  or  agent  of  any  lot,  building  or  premises  aforesaid  ordering 
the  things  aforesaid  to  be  removed  therefrom  within  such  time  as  the  council 
shall  by  ordinance  prescribe,  and  that  in  case  of  non-compliance  the  same 
will  be  done  by  the  said  commissioner  at  the  expense  of  the  owner  of  said 
premises.  The  said  commissioner  shall  after  such  time  ha-s  expired  proceed 
to  remove  such  things  aforesaid,  determine  the  cost  thereof,  charge  the  owner 
and  the  premises  therewith  and  not  later  than  the  1st  day  of  October  of  each 
year  certify  to  the  County  Auditor  the  amounts  so  charged  against  such 
premises,  lots  and  places  together  with  a  description  of  the  premises  and  the 
supposed  owner  thereof  as  nearly  as  practicable,  and  such  charge  shall  be 
collected  and  collection  enforced  in  the  same  manner  as  taxes  against  the 
said  premises.  Such  charges  shall  be  a  perpetual  lien  on  said  premises  until 
paid.  Provided,  however,  that  where  no  owner,  occupant  or  agent  can  be 
found  or  the  same  is  unknown,  then  said  commissioner  may  proceed  without 
such  notice. 

Employes — Policemen. — Sec.  375.  Every  officer  and  employe  of  the  bureau 
of  health,  in  the  performance  of  any  duty  imposed  by  law,  this  charter,  ordi- 
nances in  pursuance  thereof,  or  any  order  or  direction  of  the  commissioner 
or  the  health  officer  shall  have  and  be  vested  with  all  the  powers  of  a  police- 
man. 

Public  Baths. 

In  charge. — Sec.  376.  The  commissioner  of  public  safety,  as  chief  health 
officer  of  the  city,  shall  manage,  control  and  supervise  the  public  baths  on 
Harriet  Island  and  the  grounds,  buildings  and  institutions  connected  therewith 
and  adjacent  thereto. 

Appoint  employes. — Sec.  377.  He  shall  appoint  and  remove,  subject  to  the 
charter  and  ordinance  in  pursuance  thereof,  all  such  assistants  and  employes 
and  at  such  compensation  a^s  the  council  by  an  administrative  ordinance  shall 
provide  and  prescribe. 

Rules. — Sec.  378.  With  the  consent  of  the  council,  by  administrative  ordi- 
nance, he  shall  make  and  enforce  rules  and  regulations  to  govern  the  use  of 
such  baths  and  the  buildings  and  grounds  appertaining  thereto. 

Food  Inspection — Hotels  and  Restaurants. 

Sec.  379.  The  commissioner  of  public  -safety  shall  administer  and  enforce 
all  laws  and  ordinances  relating  to  the  inspection  of  milk,  meats  and  other 
food  substances,  and  also  all  laws  and  ordinances  relating  to  the  inspection 
of  hotels  and  restaurants,  tenements  and  lodging  houses.  The  council  shall 
have  power  by  ordinance  to  make  efifective  the  dutie-s  in  this  section  prescribed, 
and  to  compel  by  proper  penalties  all  dealers  to  conform  to  such-regulations 
as  shall  fully  protect  the  public  health. 

Public  Comfort  Stations. 

Sec.  380.  The  commissioner  of  public  safety  shall  supervise  and  control 
the  maintenance  and  operation  of  all  public  comfort  stations;  appoint  and 
remove  all  such  attendants  and  employes  therefor  as  the  council  by  an  admin- 
istrative ordinance  may  provide  and  at  -such  compensations  as  it  may  prescribe, 


88  CHARTER  OF  CITY  OF  ST.  PAUL. 

and  with  the  consent  of  the  council  make,  prescribe  and  enforce  all  rules  and 
regulations  for  the  orderly  public  use  thereof. 

Bureau  of  Police  and  Fire  Alarm  Telegraph. 

Composition. — Sec.  381.  The  said  commissioner  of  public  safety  shall  be 
the  head  and  in  full  charge  and  control  of  the  bureau  of  police  and  fire  alarm 
telegraph,  and  which  shall  be  composed  as  follows: 

A  superintendent  of  the  said  bureau,  who  shall  possess  such  qualifications 
as  the  council  shall  prescribe,  and  at  such  compensation  as  it  shall  fix,  and 
such  other  employes,  operators,  linemen  as  the  council  shall  provide  and  at 
such  compensation  as  it  shall  determine;  all  of  whom  are  to  be  appointed  in 
accordance  with  the  provisions  of  the  charter  and  enactments  in  pursuance 
thereof. 

Powers  and  duties. — Sec.  382.  The  said  bureau  shall  have  full  charge, 
management  and  control  of  the  construction,  maintenance  and  operation  of 
the  telegraph,  telephone  and  alarm  systems  of  the  deoartment  of  public  safety, 
and  shall  have  such  powers  and  duties  as  the  council  by  administrative  ordi- 
nance shall  provide  and  prescribe. 

Bureau  of  General  Administration. 

Composition. — Sec.  383.     The  said  commissioner  of  public  safety  shall  be 

the  head  of  the  bureau  of  general  administration,  which  shall  be  composed  as 
follows: 

A  chief  clerk,  and   such   accountants,   clerks,  and  other  employe;s   as   the 

council  by  an  administrative  ordinance  may  provide,  of  such  qualifications  as 

it  shall  prescribe  and  at  such  compen.sation  as  it  shall  fix,  and  all  of  whom 

shall  be  appointed  by  the  commissioner  aforesaid  in  accordance  with  the 
charter. 

Powrers  and  duties. — Sec.  384.  Such  bureau  shall  have  charge  of  all  the 
accounting  and  fiscal  operations  of  the  aforesaid  department  and  shall  have 
such  other  powers  and  duties  as  the  council  by  an  administrative  ordinance 
shall  grant  and  prescribe. 

CHAPTER  XIX. 

Commissioner  of  Education, 

To  establish  and  maintain  schools. — Sec.  385.  Under  the  direction  and 
control  of  the  council,  the  commissioner  of  education  shall  establish,  control, 
maintain  and  provide  for  the  public  schools,  the  public  school  system  and  the 
general  educational  interests  of  the  City  of  St.  Paul  as  a  special  school  dis- 
trict, and  shall  manage  and  control  the  propert3^  real  and  personal,  belonging 
to  said  city  which  is  used  for  the  purposes  of  education,  subject  only  to  the 
provisions   and   limitations    provided    for   in   this    charter. 

Powers  of  commissioner. — Sec.  386.  Under  the  direction  and  control  of 
the  council  the  commissioner  of  education  shall  have  power  to  establish,  con- 
trol and  maintain  kindergartens,  grade  schools,  high  schools,  manual  training 
schools,'  evening  schools,  a  training  school  for  the  teachers,  truant  schools 
and  such  other  schools  as  may  from  time  to  time  be  necessary  to  establi-sh. 

Under  the  direction  and  control  of  said  council,  said  commissioner  shall 
appoint  supervisors,  principals,  teachers,  one  or  more  medical  inspectors  and 
nurses,  one  or  more  truant  officers,  janitors,  engineers,  firemen,  and  such  other 
employes  as  may  be  necessary  for  the  proper  conduct  and  maintenance  of 
.=aid  schools  and  of  said  real  and  personal  property  of  said  district. 

Under  the  direction  and  control  of  said  council,  said  commissioner  shall 
prescribe  text  books  and  courses  of  study,  purchase  or  arrange  for  the  pur- 
chase of  text  books  and  provide  for  the  loan  thereof  to  needy  pupils  or  for 


CHARTER  OF  CITY  OK  ST.  PAUL.  89 

the  sale  thereof  at  cost,  and  may  change  text  books  whenever  deemed  neces- 
sary for  the  best  interests  of  the  school,  subject  to  the  limitations  and  pro- 
visions of  this  charter. 

Shall  make  rules  and  fix  duties  and  salaries. — Sec.  387.  It  shalj  be  tlie 
duty  of  said  commissioner  to  prepare  in  the  form  of  an  ordinance  rules  and 
regulations  for  the  proper  transaction  of  the  business  of  the  schools,  defining 
the  duties  of  its  officers  and  employes  and  fixing  the  number,  titles  and  coni- 
})ensation  of  said  employes,  and  for  the  proper  execution  of  all  powers  vested 
in  and  duties  imposed  upon  said  commissioner  by  this  charter.  As  soon  as 
he  shall  have  prepared  said  ordinance  he  shall  present  it  to  the  council,  and 
said  council  shall  pass  said  ordinance  after  having  amended  it  as  it  may  see  fit. 

Inspectors  shall  turn  over  school  to  commissioner. — Sec.  388.  As  soon  as 
the  first  commissioner  of  education  provided  for  in  this  charter  is  selected  and 
qualified  the  board  of  school  inspectors  of  the  City  of  St.  Paul  shall  turn  over 
to  said  commissioner  all  the  property,  books,  records  and  documents  in  their 
hands,  and  thereupon  said  commissioner  shall  succeed  to  all  rights,  powers 
and  duties  of  said  board  of  school  inspectors  .subject  to  the  provisions  of  this 
^  charter,  and  all  lawful  contracts  and  agreements  entered  into  and  all  obliga- 
tions legally  incurred  by  said  board  of  school  inspectors,  shall  be  in  all  re- 
spects the  contracts,  agreements  and  obligations  of  the  said  commissioner  of 
education  .subject  to  the  provisions  of  this  charter.  The  terms  "special  school 
district"  or  "school  district"  whenever  used  in  this  charter  shall  be  constructed 
to  be  identical  with  the  terms  "independent  school  district''  and  "school  dis- 
trict of  the  City  of  St  Paul,"  whenever  said  terms  are  used  in  any  previous 
charter  or  law. 

Shall  appoint  a  superintendent. — Sec.  3S9.  Subject  to  the  approval  of  the 
council  said  commissioner  shall  appoint  a  superintendent  of  schools  who  shall 
be  a  graduate  in  good  standing  of  a  university  or  college  of  educational  stand- 
ard equal  to  the  University  of  Minnesota,  and  who  shall  have  devoted  the  five 
years  immediately  preceding  his  appointment  to  teaching  or  to  the  manage- 
ment of  public  schools.  He  shall  receive  a  salarv  of  $5,000  a  year  payable  out 
of  the  school  funds  of  the  city  in  equal  monthly  installments.  His  term  of 
office  shall  be  two  years  and  until  his  successor  is  appointed  and  has  qualified. 

Apoointment  of  assistants,  office  employes  and  teachers. — Sec.  300.  On 
nomination  by  said  superintendent,  said  commissioner  of  education  shall  ap- 
point all  assistants  to  said  superintendents,  all  office  assistants  to  said  super- 
intendents, all  principals  and  all  teachers  in  the  public  schools,  all  of  whom 
shall  be  subject  to  removal  by  said  commissioner  on  his  own  motion  or  on 
the  complaint  of  .said  superintendent,  bj'-  the  mayor  or  by  a  two-thirds  vote 
ot  the  members  elected  to  the  council.  Provided  that,  however  removed,  the 
officer  making  the  removal  shall  state  specific  reasons  therefor  in  writing  and 
the  person  removed  shall  have  an  opportunity  to  replv  in  writing,  and  both 
reasons  and  reply  shall  become  permanent  public  records  of  the  office  of  the 
commissioner  of  education.  All  teachers  and  supervisors  and  assistants  to 
the  superintendent,  other  than  office  assistants  doing  clerical  work,  shall  meet 
the  qualifications  required  by  the  State  of  Minnesota  for  teachers  of  like 
grades  in  other  public  schools.  It  i.s  the  intent  of  this  charter  that  unless 
removed  for  cause  as  above  such  teachers  and  assistants  once  appointed  shall 
serve  during  efficiency  and  good  behavior.  The  council  mav  provide  for  pro- 
bationary appointment  previous  to  rearular  appointment,  during  which  time 
the  teacher  or  suoervisor  or  assistant  shall  be  subject  to  removal  St  the  plea-s- 
ure of  the  commissioner  of  education. 

Superintendent  of  school  buildings. — Sec.  301.  Said  commissioner  of  edu- 
cation shall  appoint  a  superintendent  of  school  buildings  who  shall  have  a 
pract'cal  knowledge  of  architecture,  building,  lis/hting,  heating,  ventilation, 
plumbing,  and  the  machinerv  used  for  said  purposes.  He  shall  receive  an 
annual  salary  of  $2,500  payable  from  the  school  funds  of  said  cit\'  in  equal 
monthly  installments. 


90  CHARTER  OF  CITY  OF  ST.  PAUL. 

To  appoint  other  employes. — Sec.  392.  Said  commissioner  of  education 
shall  appoint  all  janitors,  assistant  janitors,  engineers,  caretakers,  laborers, 
mechanics  and  artisans  of  all  description,  necessarily  employed  in  the  care  of 
school  buildings  and  grounds.  In  fixing  the  compensation  of  said  employes 
the  council  shall  see  that  it  is  not  in  excess  of  the  union  scale  of  wages  paid 
by  private  employers  for  like  services.  The  working  day  for  each  and  all  of 
said  employes  shall  be  eight  hours,  and  except  in  cases  of  emergency,  of  which 
said  commissioner  of  education  shall  be  'Sole  judge,  none  of  said  employes  shall 
be  required  to  work  overtime,  or  shall  receive  any  additional  compensation 
for  extra  work. 

Rules  for  teachers. — Sec.  393.  Said  commissioner  shall  cause  to  be  pre- 
pared a  complete  code  of  specific  rules  governing  the  appointment  of  all 
teachers  and  principals  in  the  schools,  their  examinations  and  other  tests  of 
fitn&ss,  their  promotions,  their  work  of  teaching  and  administration  of  the 
schools.  He  shall  submit  said  code  in  the  form  of  an  ordinance  to  the  council, 
and  said  council  shall  examine  and  if  necessary  revise  and  amend  said  code, 
and  when  in  suitable  form  shall  adopt  said  ordinance.  After  its  adoption  said 
code  shall  be  strictly  followed  in  all  business  of  'Said  school  to  which  it 
applies.  Said  ordinance  shall  be  amended  only  in  the  manner  in  which  it  was 
original]}'  adopted.  Provided  that  the  standard  of  education  and  practice  re- 
quired for  teachers  in  said  schools  shall  not  fall  below  the  standards  set  by 
the  state  department  of  education  for  similar  schools  elsewhere  in  Minnesota, 
nor  below  the  best  standards  of  other  cities  of  the  first  class  in  Minnesota. 

School  revenue;  limitation  of  cost  of  schools. — Sec.  394.  Subject  to  the 
provisions  of  this  charter  and  the  laws  of  the  state  the  council  shall  have 
power  to  levy  and  collect  general  property  taxes  or  other  revenues  and  to 
appropriate  money  for  the  support  of  said  schools,  provided  that  the  whole 
amount  appropriated  by  said  council  for  all  purposed  whatsoever  connected 
with  the  public  schools  shall  not  in  anv  one  year  amount  to  a  greater  sum 
than  $6  for  each  inhabitant  of  the  City  of  St.  Paul.  In  determining  the  number 
of  said  inhabitant  the  figures  of  the  last  United  States  census  of  population 
of  the  City  of  St.  Paul  shall  be  taken  as  a  ba.sis,  and  for  every  year  which 
has  elapsed  since  the  last  United  States  census  have  been  taken  to  the  year 
in  which  said  appropriations  are  made  by  said  council,  there  shall  be  added  to 
the  census  figures  one-tenth  of  the  difiference  between  the  United  States  census 
figures  for  the  last  census  year  and  the  United  Stats  census  figures  taken  next 
previous  to  that  census.  Provided  further  that  the  qualified  voters  of  St.  Paul 
by  a  three-fifths  affirmative  majority  of  all  the  votes  cast  upon  the  proposition 
may  at  any  time  appropriate  any  amount  in  addition  to  said  limitation  to  be 
used  for  permanent  buildings  for  said  schools. 

Shall  keep  records. — Sec.  395.  It  shall  be  the  duty  of  the  commissioner 
of  education  to  keep  or  cause  to  be  kept  complete  record-s  of  all  attendance 
in  the  public  schools  with  the  names,  ages,  sex,  places  of  residence,  grade,  etc., 
of  all  pupils  attending  said  public  schools,  and  a  complete  record  of  all  teach- 
ers and  principals  in  said  school  with  all  essential  facts  as  to  qualifications, 
term.s  of  service,  assignments,  efficiency,  salaries,  promotions,  and  such  other 
facts  as  the  council  mav  prescribe,  and  to  report  within  thirty  days  of  the 
end  of  each  school  semester  a  summary  in  writing  of  all  these  facts  to  the 
comptroller  and  to  the  mayor.  He  shall  also  keep  or  cause  to  be  kept  a 
complete  and  comprehensive  record  of  all  business  transacted  in  connection 
with  the  public  schools  of  said  city,  and  the  moneys  received  and  disbursed 
in  connection  therewith,  and  all  other  essential  facts,  and  shall  report  within 
thirty  days  after  the  close  of  each  semester  a  summary  of  these  facts  for  the 
semester  just  closed,  to  the  comptroller  and  to  the  mayor.  Said  reports  shall 
be  made  in  such  form  a*  the  comptroller  may  prescribe,  and  said  commis- 
sioner shall  attach  to  said  report  for  the  closing  semester  of  each  school  year 
estimates  in  such  form  as  the  comptroller  may  prescribe,  of  necessary  ex- 
penses for  the  next  succeeding  year  with  definite  recommendations  in  detail 
as  to  the  objects  for  which  the  money  .shall  be  spent. 


CHARTER  OF  CITY  OF  ST.  PAUL.  91 

To  secure  supplies  and  other  property. — Sec.  396.  Said  commissioner 
shall  procure  supplies  and  equipment  for  said  schools,  and  acquire  sites  for 
school  buildings,  and  cause  repairs  to  be  made  in  such  manner  as  thi.s  charter 
may  provide,  on  the  council  under  the  authority  of  this  charter  may  designate. 

For  care  of  truants. — Sec.  .397.  The  council  shall  by  ordinance  on  recom- 
mendation of  said  commissioner,  make  such  rules  and  provisions  concerning 
children  previously  enrolled  upon  the  registers  of  the  public  schools  of  the 
Cit}'  of  St.  Paul  and  who  have  become  habitual  truants,  and  who  are  between 
the  ages  of  eight  and  sixteen  years  as  will  reasonably  tend  to  compel  their 
attendance  at  said  schools  and  said  council  mav  require,  and  it  shall  be  the 
duty  of  all  the  police  officers  of  the  City  of  St.  Paul  to  aid  in  the  enforcement 
and  carrying  out  of  such  rules  and  regulations. 

Advisory  school  board. — Sec.  398.  Said  commissioner  of  education  shall 
appoint  a  resident  of  each  ward  of  the  City  of  St.  Paul,  more  than  21  years  of 
age,  an  advisory  school  inspector.  Said  inspectors  shall  have  the  power  at 
all  times  to  attend  any  and  all  sessions  of  the  public  schools  of  St  P.aul, 
to  observe  the  work  in  said  schools,  and  to  report  to  the  commissioner  of 
education  the  needs  of  the  public  schools  in  the  ward  for  which  said  resident 
inspector  may  be  appointed.  Said  advisory  inspectors  shall  be  appointed  in 
the  June  immediatelj^  following  each  regular  soring  election,  and  shall  serve 
for  two  years  and  without  pay.  It  shall  be  the  duty  of  said  commissioner  to 
call  together  in  advisory  session  at  least  once  a  month  in  the  offices  of  said 
commissioner,  the  whole  body  of  school  inspectors  so  appointed  and  to  advise 
with  them  as  to  the  needs  of  the  schools  and  what  mav  be  done  for  their 
improvement,  and  to  listen  to  any  complaints,  reoorts  or  recommendations 
which  they  may  have  to  make.  Said  meetings  shall  be  public.  Minutes  of  said 
meetings  shall  be  kept  by  a  clerk  assigned  bv  said  commissioner  for  said 
purpose  and  shall  become  permanent  public  records  in  the  office  of  said  com- 
missioner. The  powers  of  said  inspectors  shall  be  advisory  merely  and  in 
visiting  the  schools  they  shall  not  interfere  with  the  work  of  teachers  or  pupils 
therein 

Board  of  teachers. — Sec.  399.  It  shall  be  the  dutv  of  the  council  to  pro- 
vide, by  ordinance  for  the  election  of  a  board  of  teachers  of  the  public  schools 
to  con.sist  of  not  more  than  twelve,  nor  less  than  eight  members,  elected  bj' 
secret  ballot  by  the  teachers  and  principals  of  the  public  schools.  This  board 
of  teachers  shall  be  called  together  by  the  superintendent  of  schools  from  time 
to  time,  not  less  than  once  a  month,  to  advise  with  said  superintendent  and 
said  commissioner  upon  problems  relating  to  the  designation  of  oroper  text 
books,  the  adootion  of  course  of  study  and  the  methods  of  teaching  in  the 
schools  of  St.  Paul.  Said  meetings  shall  be  oublic  and  records  thereof  kept 
as  public  records.  Said  board  of  teachers  shall  have  oower  to  pass  resolutions 
and  make  recommendations  upon  subiects  designated  in  this  paragraph,  but 
it  is  hereby  declared  that  the  adoption  of  such  recommendations  shall  lie  in 
the  discretion  of  the  superintendent  of  schools  and  the  commissioner  of  educa- 
tion subject  to  the  action  of  the  council. 

Public  libraries,  museums  and  galleries  of  art. — Sec.  400.  The  commis- 
sioner of  education  =hall  have  the  mpnasrement  and  control,  subject  to  the 
miction  of  the  council,  of  all  pubb'c  libraries,  read^'np-  rooms,  museums  and 
galleries  of  art,  now  belonging  or  hereafter  acnuired  by  the  Citv  of  St.  Paul, 
and  of  all  property  set  anart  for  the  use  or  maintenance  thereof,  and  the  con- 
trol and  expenditure,  subiect  to  the  action  of  the  citv  council.  th,e  Drov's'ons 
of  this  charter  and  the  laws  of  the  state  of  all  mnncvs  levied,  collected  or 
received  for  such   purposes. 

To  appoint  librarian. — Sec.  401.  Subiect  to  the  nnoroval  of  the  council, 
■said  commissioner  of  education  shall  aonoint  a  lilM-nr'an  at  a  salarv  not  to 
exceed  $2,500  a  year,  who  shall  be  a  srraduate  of  a  univers"tv  of  educational 
standards  equal  to  those  of  the  Universitv  of  Minnesota  and  who  shall  when 
appointed  be  familiar  with  library  administration  and  oractice.  Said  librarian 
shall  be  the  administrative   officer  of  the  commissioner  of  education   in   con- 


93  CHARTER  OF  CITY  OF  ST.  PAUL. 

ducting  public  libraries,  reading  rooms,  museums  and  galleries  of  art,  under 
the  jurisdiction  of  said  commissioner.  Said  commissioner  shall  emply  all 
assistants  and  employes  necessary  for  the  administration  of  said  libraries, 
museums  and  galleries  of  art.  The  number,  general  duties  and  compensation 
of  said  emploes  or  assistants  shall  be  fixed  by  ordinance  passed  by  the  council 
on  recommendation  of  said  commissioner.  Said  commissioner  shall  also  ap- 
point such  janitors,  caretakers  and  other  employes  as  may  be  necessary  for 
the  are  and  maintenance  of  the  buildings  in  which  said  libraries,  museums 
and  galleries  of  art  are  housed,  but  the  number  and  charter  of  said  employes 
and  their  salaries  shall  be  fixed  by  ordinance  passed  by  the  council  on  recom- 
mendation  of  said  commissioner. 

Shall  adopt  rules. — Sec.  402.  Said  commissioner  shall  prepare  and  present 
to  the  council  in  the  form  of  an  ordinance  .such  rules  and  regulations  as  may 
be  necessary  or  advisable  for  the  administration  of  said  libraries,  museums  and 
art  galleries,  and  the  properties  thereto  belonging.  The  council  shall  con- 
eider,  and  may  amend  said  ordinaince  and  after  putting  it  into  proper  form 
shall  pass  said  ordinance,  which  shall  not  be  inconsistent  with  this  charter. 

May  establish  branch  libraries. — Sec.  403.  On  recommendation  of  said 
commissioner,  the  council  may  by  ordinance  establish  and  maintain  branch 
libraries,  and  may  by  lease  purchase  or  otherwise  provide  proper  rooms  or 
buildings  for  said  branches. 

Control  of  expenditures. — Sec.  404.  Subject  to  the  action  of  the  council, 
said  commissioner  shall  have  exclusive  control  over  the  expenditure  of  all 
moneys  provided  for  the  use  of  said  libraries,  museums  or  galleries  of  art, 
except  as  otherwise  directed  in  this  charter.  He  shall  have  the  supervision, 
(.ustody  and  care  of  all  grounds  and  buildings,  constructed,  set  apart,  leased  or 
in  any  other  manner  secured  for  the  use  of  said  libraries,  museums  and  galleries 
of  art. 

Library  fund. — Sec.  405.  All  moneys  appropriated,  received  or  collected 
for  the  construction,  repair  of  maintenance  of  public  libraries,  museums  or 
galleries  of  art  shall  be  deposited  in  the  treasury  of  said  city  in  a  fund  to  be 
known  as  the  "library  fund"  which  is  hereby  established,  and  shall  be  kept 
-separate  and  apart  from  all  other  moneys  of  said  citv.  and  shall  be  paid  out 
only  upon  proper  vouchers  approved  and  countersigned  by  said  commissioner 
of  education,  and  for  purposes  for  which  such  moneys  have  been  appropriated 
or  received.  All  unexpended  balances  in  said  library  fund  at  the  end  of  any 
year  shall  remain  in  said  fund  and  be  available  in  the  year  followi7ig  for  the 
purposes  for  which  said  fund  is  intended.  On  recommendation  of  said  com- 
missioner and  under  the  provisions  of  this  charter  the  council  shall  have  full 
power  to  authorize  the  purchase  in  the  name  of  the  City  of  St.  Paul  of  ground, 
and  to  cause  to  be  erected  thereon  a  suitable  building  or  buildings,  for  the  use 
of  said  library,  museum  and  galleries  of  art.  On  recommendation  of  said  com- 
missioner said  council  shall  have  power  to  accept,  or  in  its  discretion,  decline 
donations  tendered  under  the  provisions  of  this  charter.  On  recommendation 
of  said  commissioner  said  council  shall  have  power  to  improve,  lease  or  let 
any  and  all  property  set  apart  for  the  use  of  said  library,  or  otherwise  ac- 
quired for  the  purposes  herein  referred  to,  upon  such  terms  and  conditions  as 
it  may  deem  best,  and  may  authorize  said  commissioner  to  deliver  leases 
therefore.  Tt  may  receive  and  support  subscriptions  for  the  benefit  of  said 
library  fund. 

May  finance  building. — Sec.  406.  For  the  purpose  of  providing  suitable 
library  building,  said  council  shall  have  power  to  authorize  a  bond  for  any 
sum  not  exceeding  one  million  dollars,  provided  that  before  any  such  issue 
shall  be  valid  it  must  be  approved  by  an  affirmative  vote  of  the  qualified 
electors  of  St.  Paul  voting  upon  such  proposition  at  a  general  or  a  .special 
election.  Said  bonds  mav  be  issued  upon  the  credit  of  the  City  of  St.  Paul  or 
they  may  be  secured  by  property  belonging  to  said  city  set  apart  for  library 
purposes,  and  said  council  and  said  voters  may  authorize  the  pledging  of  said 


CHARTER  OF  CITY  OF  ST.  PAUL.  'J3, 

property  for  .said  purpose.     The  bonds  shall  be  limited  to  twenty  years,  shall 
bear  interest  at  not  more  than  four  per  cent  and  shall  not  be  sold  below  par. 

Shall  be  forever  free. — Sec.  407.  Every  library,  reading  room,  museum 
.ind  gallery  of  art  established  or  maintained  under  this  charter  shall  be  forever 
free  to  the  use  of  the  inhabitants  of  said  city  subject  to  such  reasonable  rules 
and  regulations  as  may  be  prescribed  under  the  authority  granted  in  this  char- 
ter or  by  law,  and  said  commissioner  of  education  may  exclude  from  the  use 
of  any  such  places  any  and  all  persons  who  shall  violate  such  rules  and  regula- 
tions. Non-residents  may  be  admitted  to  the  privileges  of  said  libraries  upon 
such  conditions  as  said  commissioner  may  prescribe,  subject  to  approval  by 
the  council. 

Shall  report  to  council. — Sec.  408.  Said  commissioner  shall  suljmit  an- 
nually to  the  council  and  to  the  comptroller  duplicate  reports  of  the  businC'SS 
of  said  libraries,  museum,  reading  room  and  galleries  of  art,  as  such  times 
and  in  such  form  and  scope  as  the  council  may  direct. 

Punishment  for  defacing  property. — Sec.  409.  The  council  shall  have 
power  to  pass  ordinance  imposing  suitable  penalties  for  the  punishment  of 
persons  committing  injury  upon  such  library  and  other  property  under  the 
management  of  said  commissioner,  and  for  injury  of  failure  to  return  any  book 
belonging  to  said  library,  or  in  any  manner  connected  with  the  use  herein 
provided  for. 

Council  to  fix  conditions. — Sec.  410.  The  council  by  two-thirds  vote  shall 
define  conditions  upon  which  the  city  may  accept  donations  of  money  or  other 
property  for  the  use  of  said  library,  museum,  or  galleries  of  art,  provided  that 
£uch  regulations  shall  be  subject  to  repeal  or  amendment  in  the  same  manner 
and  provided  that  all  monev  or  pronertv  so  donated  .shall  remain  at  all  times 
in  the  control  for  the  use  of  and  under  the  direction  of  the  public  through  its 
proper  officers  as  designated  in  this  charter. 

Advisory  board. — Sec  411.  It  shall  be  the  duty  of  said  commissioner  of 
education  to  appoint  twelve  residents  of  St.  Paul  properly  qualified  for  the 
place,  one  from  each  ward  of  the  city,  to  serve  a  term  of  two  years  from 
August  1  of  each  vear  in  which  shall  be  elected  a  mayor  and  council,  and  such 
persons  so  appointed  in  association  with  the  superintendent  of  the  St.  Paul 
schools,  the  principals  of  the  high  schools  in  the  citv.  and  a  teacher  elected 
by  the  whole  body  of  teachers  in  the  St.  Paul  schools  in  such  a  manner  as  the 
council  may  direct,  shall  act  as  an  advisory  library  board.  The  members  of 
said  board  shall  meet  at  said  library  with  said  commissioner  of  education  at 
leat  once  a  month  and  make  such  recommendations  as  they  may  consider  will 
promote  the  best  interests  of  said  library.  Said  library,  its  branches,  the  art 
galleries,  museum.s,  etc.,  belonging  to  the  citv  shall  be  open  at  all  times  to 
the  members  of  said  advisory  board  for  their  inspection  in  such  manner  as 
not  to  interfere  with  the  legitimate  work  being  carried  on  in  these  places. 
The  members  of  said  board  shall  especiallv  be  exoected  to  recommend  new 
books,  papers  and  periodicals  for  said  library,  and  how  to  make  the  resources 
of  said  library  most  profitably  available  to  the  tniblic.  Said  recommendations 
when  made  by  the  board  as  a  whole  shall  be  in  writing  and  be  a  permanent 
public  record  in  the  office  of  the  commissioner  of  education.  Whether  said 
recommendations  are  acted  upon  or  accepted  .shall  remain  in  the  discretion  of 
said  commissioner  of  education. 

May  levy  taxes  for  support, — Sec.  412.  The  council  is  hereby  authorized 
to  levy  and  collect  taxes  and  appropriate  funds  necessary  for  the  proper 
maintenance  and  support  of  said  library,  or  libraries,  museums,  and  art  gal- 
leries. 

The  auditorium;  commissioner  of  education  in  charge. — Sec.  41."..  Under 
the  direction  of  the  council  the  commissioner  of  education  .shall  have  control, 
management,  and  administration  of  the  public  auditorium  and  all  property'  ap- 
pertaining thereto.  With  the  approval  of  said  council  he  shall  appoint  a  super- 
intendent to  administer  said  building  and  property  under  the  direction  of  said 


94  CHARIER  OF  CITY  OF  ST.  PAUL. 

commissioner.  Said  commissioner  shall  prepare  an  ordinance  fixing  the  duties 
and  compensation  of  said  superintendent  and  of  other  necessary  employes  for 
thi'S  administration  of  said  building  and  property,  and  shall  present  it  to  the 
council.  Said  council  after  such  amendments  as  it  may  see  ht  shall  pass 
ordinance.  In  the  same  way  an  ordinance  shall  be  passed  providing  rules  and 
regulations  for  the  use  of  said  building. 

Auditorium  fund. — Sec.  414.  There  is  hereby  created  an  auditorium  fund 
to  which  shall  be  credited  all  moneys  heretofore  or  hereafter  appropriated, 
donated  or  delivered  from  the  operation  of  said  auditorium,  for  the  use  of  said 
auditorium,  and  to  which  .shall  be  charged  all  disbursements  on  account  of  said 
building,  and  the  administration  and  maintenance  thereof  and  the  property 
appertaining  thereto.  Said  commissioner  shall  keep  account  of  said  fund  in 
such  manner  as  the  comptroller  may  direct.  Said  fund  shall  be  kept  separate 
and  distinct  from  all  other  funds  of  said  city.  All  surplus  in  said  fund  at  the 
end  of  any  year  after  the  expenses  of  operation,  maintenance,  repair  and 
betterment  for  the  year  have  been  paid,  shall  be  applied  to  the  payment  of  the 
principal  and  interest  of  any  indebtedness  outstanding  against  said  auditorium 
building. 

To  be  self-supporting. — Sec.  415.  It  shall  be  the  duty  of  the  commissioner 
oi  education  and  of  the  council  so  to  manage  said  auditorium  building  as  to 
make  it  self-supporting  or  as  nearly  so  as  practicable.  Keep  this  end  in 
view  said  council  shall  by  ordinance  on  recommendation  of  said  commissioner 
fix  scales  of  prices  for  the  use  of  said  auditorium  and  determine  to  what  uses 
it  shall  be  devoted,  provided  that  such  uses  shall  always  be  for  the  benefit  of 
the  public  of  St.  Paul.  It  is  the  intention  of  this  charter  that  distinction  shall 
be  made  in  determining  -scales  of  prices  between  persons  who  hire  the  use 
of  the  auditorium  for  gain  and  those  who  engage  it  for  gatherings  or  enter- 
tainments for  which  no  admittance  fee  is  charged.  In  no  case  shall  the  amount 
charged  for  the  use  of  said  building  be  less  than  the  actual  cost  of  heating, 
lighting  and  attendance  occasioned  by  such  use.  The  council  may,  however, 
where  the  use  is  strictly  for  the  public  purpose  of  benefit  to  all  the  people  of 
St.  Paul,  and  where  no  admittance  fee  is  charged,  reimburse  from  the  con- 
tingent fund,  the  Auditorium  fund  for  such  expenses,  and  provide  at  the  time 
of  making  such  appropriation  for  reimbursement,  that  the  use  of  said  building 
shall  be  free. 

May  receive  subscriptions. — Sec.  416.  The  council  is  hereby  authorized 
to  receive  bequests  and  donations  and  to  receive  and  enforce  subscriptions  for 
property  to  be  installed  in  or  used  in  connection  with  the  Auditorium  build- 
ing, or  for  the  establishment  or  endowment  of  free  lectures,  free  concerts,  or 
for  any  other  purpose  of  an  educational  nature  free  from  sectarianism  or 
political  partisanship.  It  may  act  as  soecial  trustee  for  and  on  behalf  of  the 
City  of  St.  Paul,  may  accept  and  administer  any  public  trust  consistent  with 
the  purposes  of  the  Auditorium  and  not  involving  relinauishment  of  full  control 
of  said  property  whether  in  said  trust  or  theretofore  belonging  to  .said  city, 
and  may  maintain  separate  funds  theretofore  in  the  city  treasury,  subject  to 
the  supervision  and  audit  of  the  comptroller. 

Must  report  annually. — Sec.  417.  Said  commissioner  must  each  year  be- 
fore March  1  report  to  the  council  and  to  the  comptroller,  fully  upon  the 
business  and  administration  of  said  auditorium  for  the  next  previous  year 
ending  December  31.  Said  reoort  shall  be  made  in  such  form  a.s  the  comp- 
troller with  the  approval  of  the  council  may  direct,  and  must  contain  such 
matter  as  said  comptroller  shall  call  for. 

CHAPTER  XX. 

Commissioner   of   Parks,   Playgrounds  and  Public  Buildings. 

Duties  of  the  commissioner. — Sec.  418.  The  commissioner  of  parks,  play- 
grounds  and  public   buildings   shall   have   the   management   and   control   under 


CHARTER  OF  CITY  OF  ST.  PAUL.  95 

the  limitatioiirs  of  this  charter  of  all  lands  which  have  been  or  may  be  acquired 
for  parks,  parkways  or  playg;rounds  other  than  school  playgrounds,  within 
this  city.  He  shall  direct  all  expenditures  from  the  park  and  playgrounds 
funds  for  the  maintenance  and  improvement  of  parks  and  parkways  and  shall 
have  power  to  provide,  either  directly  or  by  lease  of  privileges  approved  by 
the  council,  such  conveniences,  accommodations  and  entertainments  as  he  may 
deem  proper  for  the  use,  enjoyment  or  recreation  of  all  persons  visiting  said 
parks  or  parkways  or  playgrounds. 

May  acquire  lands. — Sec.  419.  Said  commissioner  through  the  council  may 
from  time  to  time  acc|uire  lands  in  the  manner  set  forth  in  this  charter  for  the 
city  for  the  use  as  parks,  parkways  or  playgrounds.  Said  commissioner,  with 
the  approval  of  the  council  may  accept  or  receive  donations  of  money  or  other 
property  for  the  use  of  said  city  for  purposes  connected  with  such  parks, 
parkways  or  playgrounds,  on  conditions  determined  by  said  council,  provided 
that  in  the  acceptance  of  such  gifts  said  city  shall  not  relinquish  full  control 
for  any  purpose  whatsoever  of  said  property. 

May  set  apart  streets. — Sec.  420.  The  council  shall  have  power  to  set 
apart  as  a  parkway  any  .street  or  avenue  or  thoroughfare  and  any  section 
thereof  and  to  place  the  same  under  the  supervision  of  said  commissioner  for 
purposes  consistent  with  the  use  of  said  street,  avenue  or  thoroughfare  as  a 
highway,  such  as  said  council  may  direct. 

Expenditures  from  the  park  fund. — Sec.  421.  All  expenditures  under  the 
direction  of  said  commissioner  payment  of  which  is  not  herein  otherwise  pro- 
vided for  shall  be  paid  from  the  park  fund  not  otherwise  appropriated,  and 
all  moneys  received  by  said  commissioner  from  any  source,  where  not  herein 
otherwise  directed,  shall  be  paid  into  the  city  treasury  to  the  credit  of  said 
fund.  Assessments  collected  for  park  or  oarkway  purposes  shall  be  set  apart 
and  U'Sed  only  for  the  specific  purposes  for  which  thev  have  been  collected. 
All  assessments  on  property  owned  by  the  City  of  St.  Paul  shall  be  paid 
out  of  the  general  fund  of  the  City  of  St.  Paul.  Moneys  of  the  park  fund 
when  set  apart  for  the  purposes  of  paying  damages  awarded,  shall  be  and 
remain  in  the  city  treasurv  until  the  assessments  for  the  same  purpose  are 
collected  by  sale  or  otherwise,  and  shall  then  be  applied  with  said  assessments 
in  payment  of  said  damages,  unless  in  this  charter  otherwise  provided. 

To  regulate  shores. — Sec.  422.  Whenever  the  title  shall  have  been  acquired 
by  said  city  for  park  purposes  to  land  constituting  the  shores  of  any  stream, 
lake  or  pond,  said  commi.ssio.ner  may  with  the  approval  of  the  council,  regulate 
and  control  the  use  of  such  shore  and  the  water  contiguous  thereto,  and  in 
case  such  ownership  shall  embrace  the  entire  shore  of  any  such  lake  or  pond, 
said  commissioner,  subject  to  the  council,  is  vested  with  exclusive  charge  and 
control  of  the  waters  of  such  lake  or  pond  and  mav  in  all  things,  under  .said 
direction,  govern  the  use  of  the  said  waters.  It  shall  be  the  dut)^  of  said  com- 
missioner to  prepare  such  rules  as  may  be  necessary  for  the  regulation  and 
control  of  such  shores,  and  the  council  shall  give  such  rules  efifectiveness  by 
ordinance  after  making  such  amendments  as  the  council  mav  see  fit. 

May  not  alienate  lands. — Sec.  42.1.  Lands  which  mav  have  been  hereto- 
fore acquired  or  which  hereafter  mav  be  acqtr'red  for  park  nurposes,  shall  not 
be  alienated  or  diverted  to  other  uses  and  shall  remain  forever  parks  and  park- 
ways for  the  use  of  all  the  inhabitants  of  said  city.  ^ 

Commissioner  shall  prepare  rules. — Sec.  424.  Said  commissioner  shall  pre- 
I'are  suitable  rules  to  secure  the  quiet,  orderly  and  proper  use  and  enjoyment 
of  parks,  parkways  and  playgrounds  by  the  neoole,  and  the  council  shall,  after 
amendment  if  thought  desirable,  pass  ordinances  embodying  these  rules  and 
providing  for  their  enforcement.  It  shall  fix  proper  nenalties  for  their  viola- 
tion. Said  ordinances  shall  be  enforced  bv  the  proner  citv  authorities,  and 
fines  collected  for  their  violation  shall  be  paid  into  the  city  treasury  for  the 
benefit  of  the  park  fund. 


96  CHARTER  OF  CITY  OF  ST.  PAUL. 

To  appoint  superintendent. — Sec.  425.  Said  commissioner  shall  with  the 
approval  of  the  council  appoint  a  suitable  superintendent  of  city  parks  who 
shall  be  a  skilled  landscape  architect  or  engineer,  at  a  salary  not  to  exceed 
$4,000  a  year,  payable  in  equal  monthly  installments.  Said  superintendent 
shall  perform  such  duties  as  may  be  prescribed  by  said  commissioner.  Said 
commissioner  may  also  appoint  a  secretary  at  a  salary  not  to  exceed  $2,000  a 
3'ear,  who  shall  also  be  accounting  officer  of  said  department  and  -shall  per- 
form such  other  duties  as  said  commissioner  may  prescribe.  Said  commis- 
sioner may  cause  to  be  kept  in  such  form  as  may  be  directed  bv  the  comp- 
tioiler  with  the  approval  of  the  council,  a  full  and  complete  public  record  of 
all  the  business  of  said  department,  and  a  complete  account  of  its  funds.  He 
•shall  make  a  complete  report  of  said  business  in  detail  in  such  form  as  said 
comptroller  may  direct,  to  said  comptroller  and  to  the  council  through  the 
mayor  not  later  than  March  1  of  each  year  of  the  business  of  the  next  preced- 
ing year. 

May  appoint  police  officers  and  other  nark  employes. — Sec.  426.  Upon  the 
recommendations  of  said  commissioner  the  council  shall  provide  for  the  ap- 
pointment by  said  commissioner  of  such  park  police  officers  as  may  be  neces- 
sary to  preserve  public  order  and  care  for  public  property  in  city  parks  and 
playgrounds,  and  also  such  other  employes  as  may  be  needed,  and  said  council 
shall  fix  the  number  and  compensation  thereof,  provided  that  no  employe  of 
this  department  shall  receive  greater  compensation  for  the  same  or  similar 
work  than  is  paid  in  other  citv  departments.  All  salaries  and  wages,  unless 
otherwise  herein  directed,  shall  be  paid  out  of  said  park  or  playground  funds. 
All  policemen  appointed  as  provided  for  in  this  section  .shall  possess  all  the 
common  law  and  statutory  power  of  constables,  and  any  warrants  for  search 
or  arrest  issued  by  any  magistrate  or  court  of  record  in  Ramsey  county,  may 
be  executed  by  such  policeman  in  any  part  of  said  county. 

Laying  of  sewer,  etc. — Sec.  427.  The  council  shall  have  the  same  jurisdic- 
tion and  power  with  respect  to  the  laying  of  water  mains  and  .sewers  along 
the  parkways  and  parks  and  plavgrounds  in  said  city  as  it  has  in  respect  to 
laying  the  same  in  and  along  the  public  streets  and  the  same  proceedings  for 
levying  and  collecting  special  assessments  for  sewers  along  such  streets  shall 
apply  to  the  levying  and  collecting  of  the  same  for  sewers  laid  along  the 
parks,  parkways  or  playgrounds. 

Acquire  without  the  city  limits. — Sec.  428.  Said  city  may  acquire  by  gift 
without  the  corporate  city  limits,  for  park,  playground  or  parkway  purposes 
any  land  or  lands,  and  shall  possess  the  same  powers  and  jurisdiction  over  said 
parks,  parkways  or  playgrounds  as  if  they  were  located  within  the  city  limits. 

Care  of  grass  plots. — Sec.  429.  Under  conditions  which  may  be  fixed  by 
the  council  by  ordinance,  said  commissioner  may,  on  petition  of  property  own- 
ers assume  charge  of  grass  plots  maintained  along  any  street,  and  the  cost 
of  caring  for  said  plots  may  be  assessed  upon  the  abutting  property.  Said 
council  may  certify  such  assessment  to  the  auditor  of  Ramsey  countv  in  such 
manner  as  the  council  may  designate,  and  on  such  certification  .said  auditor 
shall  collect  such  assessment  in  the  same  manner  that  state  and  county  taxes 
are  collected  in  said  countv  and  state,  and  when  collected  the  amount  thereof 
shall  be  paid  monthly  by  the  treasurer  of  Ramsey  county  into  the  St.  Paul 
city  treasury  and  shall  be  set  aside  to  be  used  for  the  purpose  for  which  it 
vv'as  intended.  Any  error  or  irregularity  in  making  said  assessment  shall  be 
overlooked  unless  it  works  substantial  injury  to  the  city  or  to  some  person 
asseS'Sed,  and  it  may  be  corrected  by  reassessment  by  the  council. 

Care  of  trees. — Sec.  430.  Upon  petition  of  property  owners  asking  that 
it  be  done,  the  council  may  direct  said  commissioner  to  cause  trees  to  be 
planted  along  or  upon  any  street  or  allev  upon  which  the  property  of  said 
petitioners  abuts,  and  the  cost  of  the  same  may  be  assessed,  collected  and 
applied  in  all  respects  as  in  the  case  of  the  care  of  grass  plots  as  provided  in 
the  last  preceding  section.  Said  council  may  authorize  said  commissioner  to 
appoint  a  city  forester,  and  maj^  by  proper  ordinance  provide  that  said  forester 


CHARTER  OI"  CITY  OF  ST.  PAUL.  'JT 

shall  have,  under  the  direction  of  said  commissioner,  charge,  direction  and 
control  over  all  trees  bordering  public  highways,  their  planting,  care,  removal, 
trimming  and  treatment  when  diseased.  Said  council  may  provide  for  the 
assessing  of  the  cost  of  .such  supervision  to  the  abutting  i)roperty  as  in  the 
case  of  the  care  of  grass  plots  as  provided  in  the  last  preceding  section. 

Commissioner  ex-officio  building  inspector. — Sec.  431.  Said  commissioner 
shall  be  ex-olificio  building  inspector  of  the  City  of  St.  Paul.  With  the  ap- 
proval of  the  council  he  shall  appoint  a  competent  architect  of  not  les-s  than 
hve  years  practical  experience  in  his  profession  next  preceding  his  appointment, 
to  work  under  the  direction  of  said  commissioner.  Said  architect  shall  re- 
ceive a  salary  not  exceeding  $4,000  a  year. 

Duties  of  said  commissioner. — Sec.  432.  It  shall  be  the  duty  of  said  com- 
missioner to  enforce  all  laws  of  the  .state  and  all  ordinances  of  the  City  of 
St.  Paul  applying  to  buildings  within  said  city,  whether  relating  to  their  plan- 
ning, construction,  maintenance,  repair,  fire  protection,  or  any  other  matter. 
For  the  purposes  of  enforcing  said  laws  or  ordinances  he  shall  have  power  to 
employ  such  inspectors  and  other  assistance  and  employes  as  may  be  neces- 
.sary,  provided,  the  council  shall  by  ordinance  on  recommendation  of  said  com- 
missioner, fix  the  number,  title,  salaries,  qualifications  and  terms  of  service 
of  said  employes,  not  inconsistent  with  the  provisions  of  this  charter. 

Council  has  power  over  regulations. — Sec.  433.  By  ordinance  not  incon- 
sistent with  the  laws  of  the  state  or  the  terms  of  thi-s  charter  the  council  may 
adopt,  repeal  or  amend  any  and  all  regulations,  rules,  resolutions  or  ordinances, 
relating  to  buildings  within  the  City  of  St.  Paul.  In  the  preparation  of  said 
ordinances  and  their  repeal  and  amendment,  said  architect  shall  be  adviser  of 
said  council. 

-  Duties  of  architect. — Sec.  434.  Besides  performing  such  duties  as  the  coun- 
cil or  the  commissioner  of  parks,  playgrounds  and  public  buildings  may  pre- 
scribe, said  architect,  shall  prepare  plans,  specifications  and  estimates,  under 
the  direction  of  said  commissioner,  for  all  public  buildings  of  any  and  every 
character  whatever  by  the  City  of  St.  Paul  or  by  anv  department,  bureau  or 
officer  thereof.  Through  said  commissioner  said  architect  shall  submit  said 
plans  to  the  officer  or  department  responsible  for  the  expenditure  of  the  funds 
with  which  said  building  is  to  be  erected.  If  said  plans  meet  the  approval  of 
said  officer,  he  shall  submit  them  to  the  council,  and  after  their  approval  by 
resolution  of  the  council,  they  shall  be  the  official  plans  for  the  building  in 
question.  If  they  do  not  meet  with  the  approval  of  the  officer  responsible  for 
the  expenditure  of  said  funds,  he  shall  point  out  in  detail  to  said  commi'Ssioner 
of  parks,  playgrounds  and  public  buildings  and  to  said  architect,  his  objections 
to  said  plans,  and  said  commissioner  shall  cause  said  architect  to  meet  such 
objections.  If  in  the  opinion  of  the  commissioner  of  parks,  playgrounds  and 
public  buildings,  such  objections  are  well  taken,  he  shall  require  said  architect 
so  to  modify  said  plans  as  to  remove  said  objections.  If  on  the  other  hand 
said  architect  and  said  commissioner  of  parks,  playgrounds  and  public  build- 
ings consider  «aid  plans  proper,  he  shall  have  said  architect  report  upon  said 
plans  in  detail  and  said  commissioners  shall  lay  said  plans  with  the  objections 
to  them  and  the  report  of  the  architect  before  the  council  which  shall  approve 
said  plans  or  shall  order  said  commissioner  to  have  new  plans  prepared.  Plans 
shall  in  thi.s  manner  be  prepared  and  submitted  to  said  council  until  they  prove 
satisfactory  to  the  council  and  are  approved  by  it. 

Architect  as  superintendent. — Sec.  435.  After  the  contract  for  the  erection 
of  any  building  shall  be  made,  as  provided  in  this  charter,  said  commissioner 
shall  "cause  said  architect  to  superintend  the  construction  of  said_  building. 
In  this  work  said  commissioner  shall  employ  to  assist  said  architect  such 
inspectors  as  may  be  necessary.  Provided  that  the  council  shall  fix  the  num- 
ber of  said  inspectors  and  their  compensations. 

Permits  for  buildings. — Sec.  436.  All  persons  who  shall  wish  to  construct, 
alter  or  repair  any  building  within  the  City  of  St.  Paul  shall  before  beginning 


98  CHARTER  OF  CITY  OF  ST.  PAUL. 

work  thereon,  submit  plans  for  the  same  to  said  commissioner  and  shall  re- 
ceive from  said  commissioner  a  permit  for  said  construction,  alteration  or 
repair.  Immediately  upon  the  submitting  of  said  plans,  said  commissioner  shall 
cause  them  to  be  examined  and  approved  or  rejected.  If  approved,  said 
commissioner  shall  cause  a  permit  to  be  issued  for  said  work,  on  such  terms 
as  the  council  may  by  ordinance  prescribe.  If  rejected  the  objections  thereto 
shall  be  pointed  out  in  detail  to  the  person  or  persons  who  have  submitted 
-said  plans  and  no  permit  shall  be  granted  until  said  plans  shall  be  so  changed 
as  to  remove  said  objections. 

To  inspect  buildings. — Sec.  437.  Under  such  conditions  as  the  council 
may  prescribe,  said  commissioner  shall  cause  to  be  inspected  all  buildings  con- 
structed within  the  City  of  St.  Paul  and  see  that  they  conform  to  the  laws 
of  the  State  and  the  ordinances  of  the  City  of  St.  Paul.  For  the  purpose.s  of 
this  chapter  the  term  buildings  shall  include  every  structure  of  any  character 
erected  by  private  persons  within  the  City  of  St.  Paul.  In  relation  to  public 
structures,  the  term  building  shall  have  its  usual  significance.  The  council 
shall  have  power  to  pass  ordinances  regulating  building  not  inconsistent  with 
this  charter  and  shall  have  power  to  fix  penalties  for  their  enforcement,  and 
in  general  for  the  enforcement  of  all  ordinances  relating  to  buildings  within 
the  city,  their  planning,  construction,  maintenance,  fire  protection  and  all 
other  matters  relating  thereto. 

To  control  playgrounds. — Sec.  438.  Subject  to  the  council,  said  commis- 
sioner shall  have  full  charge  of  and  responsibility  for  all  playgrounds  belong- 
ing to  the  City  of  St.  Paul,  except  playgrounds  attached  to  public  schools, 
and  it  shall  be  his  duty  to  see  that  they  are  used  to  the  best  advantage  for 
the  purposes  for  which  they  are  intended.  On  recommendation  of  said  com- 
missioner the  council  shall  by  ordinance  make  proper  rules  for  the  use  and 
enjoyment  of  said  playgrounds  and  shall  provide  for  their  enforcement.  The 
council  shall  have  full  authority  to  provide  penalties  for  the  violation  of  said 
ordinances. 

To  select  an  advisory  board. — Sec.  439.  Subject  to  the  approval  of  the 
council  said  commissioner  shall  select  an  advisory  board  composed  of  five 
residents  of  said  city,  one  of  whom  shall  be  a  woman  to  act  without  pay  as 
adviser  of  said  commissioner  as  to  the  development  and  use  of  said  parks 
and  playgrounds.  Said  commissioner  shall  meet  with  said  board  not  less 
than  once  each  month  to  receive  suggestions  of  its  members  as  to  the  admin- 
istration of  said  parks  and  playgrounds  and  discuss  any  business  relating  to 
them,  but  he  shall  use  his  own  discretion  in  carrying  out  such  suggestions  and 
shall  be  solely  responsible  for  said  administration.  Said  advisory  board  shall 
I'old  office  for  two  years  and  until  their  successors  are  appointed  and  qualified. 
Each  commissioner  shall  appoint  such  a  board  within  sixty  days  of  his  assum- 
ing his  duties  as  commissioner.  Members  of  said  board  shall  have  the  right 
to  the  floor  in  the  council  to  be  heard  on  park  and  playground  business. 

OH  AFTER   XXI. 

Commissioner  of  public  utilities. — Sec.  440.  The  commissioner  of  public 
utlities  shall  be  ex-ofiicio  a  member  of  the  water  board  of  the  City  of  St. 
Paul  and  shall  be  in  general  charge  of  the  administration  of  the  water  depart- 
ment of  said  city  under  the  direction  of  said  board,  except  as  otherwise  pro- 
%ided  for  in  this  charter. 

City  lighting. — Sec.  441.  Said  commissioner  shall  have  full  charge  and 
control  under  the  direction  of  the  council,  of  the  lighting  of  all  streets,  alleys, 
parks,  levees,  squares,  playgrounds,  public  buildings  and  all  other  public  places 
in  said  city  or  belonging  to  the  City  of  St.  Paul  except  as  otherwise  provided 
for  in  this  charter. 

Equipment. — Sec.  442.  The  council  shall  have  power  at  any  time  and  it 
shall  be  the  duty  of  said  council  to  furnish  proper  street  lamps,  posts,  wires, 


CHARTER  OF  CITY  OF  ST.  PAUL.  99 

and  all  other  equipment  necessary  or  desirable  for  the  proper  lighting  men- 
tioned in  the  last  preceding  section. 

Commission  to  bid  on  lighting. — Sec.  443.  When  any  lighting  in  this 
chapter  provided  for  is  about  to  be  let  by  contract,  said  commissioner  shall 
bid  upon  said  lighting  in  accordance  with  the  specifications  therefor,  and  if 
said  commissioner  be  the  lowest  bidder,  said  commissioner  shall  be  designated 
to  perform  said  lighting  under  said  contract.  The  amount  of  said  bid  shall 
be  set  apart  by  the  council  for  -said  lighting  contemplated  in  said  contract 
and  said  commissioner  shall  be  as  strictly  confined  to  the  expenditure  of  said 
amount  as  would  any  contractor  who  had  secured  said  contract,  in  the  carrying 
out  of  said  contract. 

Commission  to  control  public  utilities. — Sec.  444.  Subject  to  the  council, 
said  commissioner  shall  have  full  control  of  the  regulation  within  said  city 
of  all  telephone,  telegraph,  lighting,  heating,  power,  street  railway  and  other 
municipal  transportation  and  all  other  public  utilities  services  whatsoever 
which  are  subject  to  the  control  of  said  city  government.  He  shall  exercise 
such  powers  in  accordance  with  ordinances  passed  by  the  council  upon  his 
recommendation.  All  licenses,  permits,  and  all  other  privileges  granted  by 
said  city  to  public  utility  owners  or  operators,  their  lessees  or  representative's 
shall  be  first  approved  by  said  commissioner.  Said  commissioner  shall  have 
access  at  all  reasonable  times  to  the  books,  papers,  machinery  and  equipment 
of  all  public  utility  owners,  operators,  lessees  and  their  representatives  doing 
business  within  the  City  of  St.  Paul  and  over  which  said  city  ha.s  any  control 
or  regulative  power,  for  the  purpose  of  making  any  inspection  or  ascertaining 
any  facts  in  relation  to  said  utilities  or  their  operation,  cost,  prices,  capitaliza- 
tion, profits,  or  any  other  fact  relating  to  their  business  within  the  City  of 
St.  Paul. 

Commissioner  to  make  report. — Sec.  445.  Not  later  than  March  1st  of 
each  year  said  commissioner  shall  make  to  the  mayor  and  council  a  complete 
report  upon  the  business  of  said  titilities  for  the  last  preceding  year  ending 
the  next  previous  December  31. 

Commissioner  in  charge  of  city  services. — Sec.  446.  Said  commissioner 
shall  have  full  administrative  control  under  the  direction  of  the  council,  and 
.shall  be  responsible  for  the  operation  of  any  public  utility  which  the  City  of 
St.  Paul  may  now  own  or  may  hereafter  acquire,  except  as  otherwise  pro- 
vided in  thi'S  charter. 

In  accordance  with  the  terms  of  this  charter  said  commissioner  shall  ap- 
point such  assistants  and  employes  as  may  be  necessary  to  carry  out  the 
duties  placed  upon  him  by  this  charter  or  the  ordinances  of  said  city  in  har- 
mony herewith.  Said  council  shall  fix  by  ordinance  the  numbers,  titles  and 
compensation  of  said  employes.  Said  commissioner  and  his  employes  shall 
be  advisers  of  the  council  upon  all  technical  questions  relating  to  said  public 
utilities. 

City  testing  laboratories. — Sec.  447.  The  council  shall  provide  for  the 
establishing  of  municipal  testing  laboratories  under  the  direction  and  manage- 
ment of  the  commissioner  of  public  utilities.  Said  commissioner  shall  pre- 
pare an  ordinance  for  the  establishing  of  said  laboratories,  fixing  the  numbers, 
titles  and  salaries  of  the  necessary  employes  thereof,  and  defining  their  duties 
and  powers.  Said  council  shall  consider  said  ordinance  and  after  amending 
it  as  said  council  may  deem  proper,  shall  pass  said  ordinance.  Said  ordinance 
shall  provide  for  a  skilled  chemist  and  such  other  skilled  tectinical  officers 
and  employes  as  may  be  necessary  to  carry  out  the  intent  of  this  section. 
If  thought  necessary  said  council  may,  upon  the  recommendation  of  said  com- 
missioner, provide  in  connection  with  said  laboratories  for  a  force  of  inspectors 
to  look  after  and  inspect  all  work  performed  or  supplies  or  material  purchased 
by  or  under  the  direction  of  this  or  the  other  department  for  which  inspectors 
are  not  otherwise  provided  in  this  charter.  Provided  that  the  cost  of  inspec- 
tion shall  not  in  any  case  exceed  one  per  centum  of  the  construction  cost  of 
the  work  or  service  inspected,  or  one-half  of  one  per  cent  of  the  cost  of  sup- 


100  CHARTER  OF  CITY  OF  ST.  PAUL. 

plies  or  materials  purchased.  Until  said  laboratories  are  established  the  city 
chemist,  gas  inspector  and  city  scales  of  weights  and  measures  shall  perform 
said  services.  Whenever  said  council  shall  establish  said  testing  laboratories 
it  shall  at  the  same  time  abolish  the  offices  the  work  of  which  said  laboratories 
take  over. 

City  markets. — Sec.  448.  Such  public  markets  as  may  be  established  by 
the  council  shall  be  under  the  general  direction  and  control  of  the  commis- 
sioner of  public  utilities.  On  the  recommendation  of  said  commissioner,  the 
council  may  establish,  construct,  purchase,  acquire  and  maintain  such  public 
markets  a.s  may  be  deemed  of  advantage  to  the  people  of  St.  Paul.  On  the 
recommendation  of  said  commissioner  said  council  shall  by  ordinance  fix  the 
number,  titles,  salaries  and  duties  of  the  employes  of  said  markets,  and  all 
rules  for  the  governing,  and  the  administration  of  said  markets.  Said  council 
shall  have  power  to  authorize  said  commissioner  to  cau-se  to  be  bought  and 
sold  through  said  markets  upon  commission  or  otherwise,  all  articles  and 
things  which  in  the  opinion  of  said  council  shall  be  to  the  advantage  of  the 
people  of  St.  Paul.  Said  commissioner  shall  appoint,  subject  to  the  pro- 
visions of  this  charter,  all  nece-ssary  employes  of  said  markets. 

Levees  and  harbors. — Sec.  449.  The  council  may  by  ordinance  create  the 
office  of  harbor  wastes  for  the  control  and  regulation  of  levees,  wharves, 
piers  and  harbors  in  said  city  and  fix  his  compensation,  and  the  number  and 
compensation  of  such  other  employes  as  may  be  necessary  to  carry  out  the 
powers  mentioned  in  this  section.  Such  harbor  wastes  and  other  employes 
.shall  be  appointed  by  said  commissioner  of  public  utilities  and  shall  be  under 
his  direction  and  control. 

Sec.  450.  Said  commissioiner  of  public  utilities  shall  have  power,  subject 
to  the  direction  and  control  of  the  council  to  take  efifective  steps  for  the  abate- 
ment of  the  smoke  nuisance. 


CHAPTER    XXII 

Water  Department. 

Board — Term — Officers. — Sec.  451.  There  is  hereby  created  a  board  of 
water  commissioners  composed  of  the  commissioner  of  public  utilities,  who 
shall  be  president  thereof,  the  commissioner  of  finance  and  the  commissioner 
of  public  works.  The  city  clerk  .shall  be  the  secretary  of  such  board.  Each 
of  the  aforesaid  shall  be  ex-officio  members  and  officers  of  the  said  board  so 
long  as  they  shall  hold  their  respective  offices. 

A  city  department. — Sec.  452.  Except  as  herein  modified  or  otherwise 
provided,  the  said  board  shall  be,  in  all  respects,  a  department  of  the  city  and 
shall  likewise  in  all  respects  be  subject  and  subordinate  to  all  the  provisions 
ot  this  charter  and  the  ordinances,  administrative  ordinance  and  resolutions 
enacted  in  pursuance  thereof. 

May  sue  and  be  sued,  etc. — Sec.  453.  Said  board  of  water  commissioners 
may  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be  answered  unto, 
appear  and  prosecute  unto  final  judgment  in  any  court  or  elsewhere  in  the 
name  of  «aid  board  of  water  commissioners;  have  a  common  seal  and  alter 
the  same  at  pleasure.  They  may  prosecute  any  action  in  the  name  of  said 
board  of  water  commissioners  against  any  person  or  persons  for  money  due 
for  the  use  of  water,  for  the  breach  of  any  contract,  expressed  or  implied, 
touching  the  execution  or  management  of  the  works  or  distribution  of  the 
water,  or  of  any  promise  or  contract  made  to  or  for  them;  and  also  for  any 
injury  or  trespass  or  nuisance  done  or  caused  or  procured  to  be  done  to  the 
water  courses,  pipes,  machinery,  or  any  other  apparatus  belonging  to  or  con- 
nected with  any  part  of  the  works  or  for  any  improper  use,  or  waste  of  the 
water. 


CHARTER  OF  CITY  Ol-  ST.  PAUL.  lOi 

Extensions — New  sources  of  supply — General  powers. — Sec.  454.  With 
the  approval  bj-  resolution  of  the  council,  the  said  board  of  water  commis- 
sioners may  from  time  to  time  for  the  purpo.se  of  furnishing  a  full  supply 
of  water  to  the  inhabitants  of  the  City  of  St.  Paul,  extend  said  water  works, 
or  make  new  lines  of  works,  it  may  draw  water  from  any  lake  or  creek  by 
means  of  pipes,  ditches,  drains,  conduits,  aciueducts,  or  other  means  of  con- 
ducting water  so  as  to  connect  said  lakes  or  creeks  with  said  works,  and  may 
erect  and  construct  dams,  bulkheads,  gates  and  other  needed  structures  and 
means  for  controlling  water  and  its  protection,  and  in  general  to  do  any  other 
act  necessary  or  convenient  for  accomplishing  the  purpose  contemplated  by 
this   charter. 

Special  laws. — Sec.  455.  The  following  sections  and  provisions  of  Chap- 
ter 110,  Special  Laws  1885  are  hereby  continued  in  full  force;  adopted  herein 
and  made  part  of  this  charter,  as  if  specitically  reacted,  to-wit: 

(Method  of  procedure  of  extending  works.) — "Sec.  7.  Whenever  at  any 
time  said  board  shall  propose  to  extend  its  •said  works  so  as  to  connect  with 
any  of  said  lakes  or  creeks,  or  to  divert  the  water  of  any  stream,  creek  or  body 
of  water,  it  shall  proceed  as  follows:  Said  board  shall  cause  to  be  made  a 
survey  of  the  line  along  which  it  shall  so  propose  to  extend  its  said  works 
and  of  all  lands  or  other  property  to  be  affected  bj'  flowage,  drainage  or  other- 
wise, and  for  that  purpose  it  may,  by  its  otificers  and  agents,  enter  upon  any 
lands  doing  no  unnecessary  damage  thereto.  After  such  survey  shall  have 
been  made  and  such  line  located,  it  shall  cause  to  be  made  a  map  showing 
the  location  of  said  line  and  the  lands  necessary  to  be  taken  for  such  exten- 
sion, and  of  lands  or  other  property  to  be  affected  by  flowage,  drainage  or 
otherwise.  Said  map  shall  be  acknowledged  by  the  surveyor  making  the  same, 
and  by  the  president  of  the  board  of  water  commissioners,  and  shall  be  filed 
as  a  record  in  the  office  of  the  register  of  deeds  of  the  proper  county.  And 
after  making  compensation  as  hereinafter  provided  to  the  owners  of  or  per- 
sons interested  in  the  lands  so  to  be  taken,  and  for  damages  by  reason  of 
diverting  the  water  of  any  stream,  creek  or  body  of  water,  said  city  shall 
have  an  easement  in  said  land  designated  on  said  map  for  all  the  purposes 
contemplated  in  this  act,  which  said  easement  shall  include  the  right  of 
passage  without  doing  unreasonable  damage  from  any  public  highway  to  and 
from  the  land  included  or  covered  by  said  easement.  The  damage  for  said 
right  of  passage  shall  be  estimated  in  apportioning  the  amount  of  damage  to 
be  paid  for  such  easement." 

(Commissioners  to  assess  damages — Meetings — Report — Payment  of  dam- 
ages— Appeal — Costs.) — "Sec.  8.  Said  board  shall  make  application  to  the 
judge  of  the  District  Court  of  the  county  wherein  the  lands  are  situate,  at 
chambers,  for  the  appointment  of  three  commissioners  to  assess  the  damage 
which  the  owners  of,  or  persons  interested  in,  the  lands  to  be  taken,  or  any 
other  persons,  may  sustain  bv  reason  of  the  taking  of  such  lands,  or  of  the 
constructing,  use  and  operating  of  such  work.  Notice  of  such  application 
shall  be  given  by  publishing  the  same  in  a  newspaper  printed  in  the  county 
wherein  the  lands  are  situated  for  at  least  twenty  (20)  days  before  the  day 
of  making  such  application,  which  notice  shall  specify  the  time  and  place 
where  such  application  shall  be  made,  the  points  between  which  it  is  proposed 
to  extend  .said  works,  and  state  the  date  of  filing  the  said  map.  At  the  time 
and-  place  specified  in  said  notice  said  judge  shall,  upon  proof  to  his  satisfac- 
tion by  affidavit  of  the  due  publication  of  said  notice  appoint,  by  an  instru- 
ment under  his  hand,  three  commissioners  to  assess  said  damages.  Such 
commissioners  shall  take  and  subscribe  an  oath  for  affirmation  that  they  will 
faithfully  and  fully  examine  the  matter  in  question  and  make  a  true  report 
thereon,  according  to  the  best  of  their  skill  and  understanding.  They  shall 
appoint  a  time  and  place  of  meeting  for  the  purpose  of  making  such  exam- 
ination, and  give  notice  thereof  by  publishing  such  notice  in  a  newspaper 
printed  in  the  county  wherein  the  lands  are  situate,  at  least  ten  (10)  days 
before  the  day  so  appointed.  On  the  day  so  appointed  they  shall  proceed 
to  view  the  lands  so  to  be  taken,  and  hear  any  evidence  as  to  the  damages 


102  CHARTER  OF  CITY  OF  ST.  PAUL. 

which  any  person  may  sivstain  by  the  taking  of  the  same  or  by  the  construc- 
tion, use  and  operating  of  the  works  of  the  city  and  shall  continue  their 
examination  until  the  same  shall  be  completed.  They  shall  make  a  just  and 
equitable  estimate  of  such  damages  and  shall  make  and  file  in  the  office  of 
the  clerk  of  said  court  a  report  in  writing  signed  by  them,  or  any  two  (2) 
of  them,  in  which  they  shall  .state  the  amount  which  said  board  should  pay 
to  such  persons  or  corporations  who  may  sustain  any  damage  by  reason  of 
Uie  taking  of  such  lands  or  by  reason  of  the  construction,  use  or  operating 
of  such  works.  Upon  said  report  being  filed  said  board  may  pay  in  to  the 
clerk  of  said  court,  for  the  use  of  the  persons,  entitled  thereto,  the  several 
amounts  so  awarded  by  said  report,  and  thereupon  said  city  shall  have  and 
hold  said  lands  and  rights  for  the  purposes  aforesaid  and  said  board  may 
proceed  to  construct,  use  and  operate  thereon  said  works  an  extension  thereof. 
Said  report  and  finding  of  said  commissioners  shall  be  final  and  conclusive 
as  against  all  persons  or  corporations  who  shall  not  appeal  therefrom  within 
thirty  (.30)  days  after  the  filing  of  said  report.  Any  person  or  corporation 
interested  may  appeal  from  said  report  and  findings  of  said  commissioners 
u-ithin  the  time  aforesaid  to  the  said  district  court  by  filing  with  the  clerk 
of  said  court  a  notice  of  appeal  specifying  the  nature  of  his  or  its  claims 
and  the  amount  thereof,  and  also  by  filing  a  bond  in  the  sum  of  five  hundred 
($500)  dollars,  with  at  least  two  (2)  sureties,  to  be  approved  by  the  Court 
conditioned  for  the  payment  of  the  judgment  and  of  any  costs  that  may  be 
awarded  against  said  appellant.  Said  board  may  likewise  appeal  within  the 
time  aforesaid  upon  the  findings  of  said  commissioners  in  favor  of  any  person 
or  corporation  by  filing  with  said  clerk  a  notice  of  such  appeal.  The  appeal 
shall  be  entered  on  the  calendar  for  the  succeeding  term  of  said  court  and 
shall  be  tried  and  judgment  therein  given  and  the  like  costs  allowed  as  in 
actions  brought  in  said  court.  If  the  said  board  appeals  and  the  same  or 
greater  damages  be  recovered  than  shall  have  been  awarded  by  the  commis- 
sioners it  shall  be  liable  for  costs.  If  any  other  person  or  corporation  be 
the  appellant  and  do  not  recover  greater  damages  than  shall  have  been 
awarded  by  the  commissioners,  such  appellant  shall  be  liable  for  costs;  but 
no  appeal  taken  shall  prevent  said  cit}^  having  and  holding  said  lands  as  afore- 
said or  said  board  from  entering  upon  and  proceeding  to  construct,  use  and 
operate  said  works  or  any  part  thereof." 

(Duties  of  clerk  of  court.) — "Sec.  9.  The  clerk  of  said  court  shall  attach 
together,  and  keep  on  file  in  his  office,  the  said  notice  of  application,  with 
the  affidavits  of  publication  thereof,  the  appointment  of  said  commissioners, 
their  oath  or  afifirmation,  the  notice  given  by  them,  with  an  affidavit  of  ^he 
publication  thereof;  their  report,  the  notice  of  appeal  and  bond,  a  certified 
copy  of  any  final  judgment  or  appeal  and  his  certificate  or  certificates  of  the 
payment  to  him  by  said  board  or  any  monies  awarded  to  any  person  or  cor- 
poration. A  copy,  certified  by  said  clerk,  of  such  papers  may  be  recorded 
in  the  office  of  the  register  of  deeds  of  said  county,  and  the  papers  so  filed; 
said  record  or  a  certified  copy  of  either  shall  in  all  cases  be  received  as  evi- 
dence of  the  facts  therein  stated. 

(Possession  and  right-of-way — Injunctions.) — "Sec.  10.  That  whenever 
the  board  of  water  commissioners  file  their  maps  as  required  by  section  seven 
(,7)  of  this  act,  the  Board  shall  be  deemed  to  be  in  possession  of  the  lands 
and  right-of-way  as  represented  on  their  map  or  maps  or  of  any  other  lands 
they  may  occupy  or  have  damaged  in  the  construction  of  their  works  for  the 
purpose  of  introducing  and  supplying  the  City  of  St.  Paul  with  pure  water, 
either  by  flowage,  drainage  or  otherwise,  either  by  the  consent  of  the  owner 
or  owners,  or  not  of  the  land  used  or  occupied,  that  is  not  shown  on  their 
map  or  maps,  that  the  owner  or  owners  have  not  been  settled  with  nor  the 
lands  paid  for  as  required  by  .section  eight  (8)  of  this  act.  No  injunction 
shall  be  maintained  against  the  board  of  water  commissioners,  restraining 
(hem  from  the  use  of  the  lands,  (nor  any  action  to  recover)  possession,  or 
for  damage  to  said  lands  shall  be  maintained,  except  as  provided  in  the  follow- 
ing section." 


CHARTER  OF  CITY  OF  ST.  PAUL.  103 

Suits  for  recovery. — "Sec.  11.  The  owner  or  owners  of  any  .such  land  or 
lands  may  maintain  a  suit  for  the  recovery  of  the  possession  of  lands  used 
by  the  board  of  water  commissioners,  for  the  value  thereof,  and  the  damages 
thereto  by  reason  of  the  taking  thereof  as  aforesaid,  either  by  flowage,  drain- 
age or  otherwise  or  damage  of  any  kind." 

Answer. — "Sec.  12.  The  defendant,  the  board  of  water  commissioners, 
may  by  answer  admit  and  allege  the  taking  of  the  plaintiff's  land  for  the  use 
f)f  the  board  of  water  commissioners,  for  the  purposes  of  introducing  water 
into  the  City  of  St.  Paul,  and  that  no  compensation  has  been  paid  therefor, 
and  that  the  defendant  is  ready  and  willing  to  pay  such  compensation,  upon 
having  the  same  assessed  b}^  the  jury  trying  the  action,  provided  the  plain- 
tiff on  the  trial  .shall  establish  his  right  to  recover  the  land  in  question." 

Verdict  for  damages. — "Sec.  13.  In  all  such  actions  where  the  defendant 
by  answer  admits  and  pleads,  as  hereinabove  specified,  the  jury  shall  try, 
and  by  their  verdict  find  whenever  the  plaintiff  is  entitled  to  recover  for  the 
kind  in  controversy,  and  if  so  entitled,  the  amount  of  compensation  to  which 
the  plaintiff  is  entitled  for  the  taking  and  perpetual  use  of  this  land  for  the 
purpose  herein  specified;  Provided,  that  when  it  appears  that  the  land  was 
so  taken  or  appropriated,  by  and  with  the  con.sent  and  acquiescence  of  the 
owner,  such  ow^ner  shall  not  be  entitled  to  recover  any  rents  or  profits  which 
accrued  prior  to  demand  for  compensation  for  such  land,  and  he  shall  be 
limited  to  recover  in  such  case  the  compensation  for  the  land  taken  and 
damages." 

Judgment  for  damages. — "Sec.  14.  Upon  a  verdict  finding  that  the  plain- 
tiff is  entitled  to  recover  the  land  in  suit  and  the  compensation  due  him  for  the 
taking  and  perpetual  use  of  such  land,  judgment  shall  be  entered  in  substance 
as  follows:  That  the  plaintiff  have  and  recover  from  the  defendant  the  land 
m  suit  or,  in  lieu  thereof,  the  compensation  fixed  by  the  jury,  with  costs  and 
disbursements,  and  reasonable  attorney's  fees,  to  be  fixed  by  the  court;  on 
the  expiration  of  ninety  (90)  days  after  the  entry  of  the  judgment  aforesaid, 
if  the  compensation,  costs,  disbursements  and  attorney's  fee  specified  in  the 
judgment  are  not  paid  then  a  writ  of  execution  shall  issue  for  the  delivery 
of  the  possession  of  the  land  described  in  the  judgment  to  the  plaintiff,  and 
to  satisfy  the  judgment  as  to  costs,  disbursements  and  attorney's  fee  out  of 
any  property  of  the  defendant." 

Infant  heirs,  lands  belonging  to. — "Sec.  15.  Whenever  the  Board  of 
water  commissioners  has  located  the  line  of  its  works  or  au)^  of  its  appur- 
tenaces,  upon  a  crop,  or  over,  across  or  contiguous  to  any  land  or  lots  be- 
longing to  infant  heirs  or  other  wards  having  any  interest  therein,  it  shall 
be  lawful  for  the  guardian  of  such  heirs  or  wards  to  sell  and  convey  to  the 
City  of  St.  Paul,  upon  such  terms  as  may  be  agreed  upon  between  said  guard- 
ian and  -said  board  of  water  commissioners,  such  portion  of  said  land  or  lots 
as  may  be  deemed  necessary  or  required  by  said  board  and  the  right-of-way 
upon  and  across  the  same,  together  with  all  such  grounds  and  rights  as  may 
be  deemed  necessary  or  required  for  any  purpose  by  said  board  in  the  dis- 
charge of  their  duties  as  herein  provided,  subject  only  to  the  approval  and 
confirmation  of  the  probate  court  of  the  county  having  jurisdiction  of  the 
matter  of  the  guardianship  of  .such  heirs  or  wards,  such  approval  and  con- 
firmation shall  be  indorsed  upon  or  annexed  to  the  deed  or  other  instru- 
ment between  the  parties  and  shall  be  recorded  with  and  as  a  part  of  such 
deed  or  instrument,  in  the  office  of  the  register  of  deeds  in  the  proper  county, 
and  shall  be  notice  to  all  parties  interested  of  the  facts  therein  stated;  Pro- 
vided, that  before  granting  such  approval  and  confirmation  the  judge  of  pro- 
bate shall  require  a  petition,  subscribed  and  verified  by  such  guardian  and 
•signed  by  the  president  of  the  board  of  water  commissioners,  or  by  its  attor- 
ney, to  be  filed  in  such  probate  court,  setting  forth  the  names  of  such  heirs 
or  wards,  the  name  of  the  board  of  water  commissioners,  a  description  of 
the  lands  or  lots  to  be  conveyed,  the  terms  of  sale,  and  that  the  price  to  be 
paid  is  the  just  and  full  value  of  the  lands  or  lots  intended  to  be  conveyed 
to  said  board  and  upon  the  filing  of  such  petition  the  judge  of  the  probate 


104  CHARTER  OF  CITY  OF  ST.  PAUL. 

court  shall  determine  the  matter,  without  any   further  formalit3\   notice,  order 
or  delay  whatever." 

Re-surveys  and  re-locations. — "Sec.  16.  Said  board  is  hereby  authorized 
to  re-survej'  the  line  of  its  works  heretofore  and  hereafter  to  be  located,  and 
to  re-locate  said  line  or  any  portion  thereof,  the  same  as  though  said  line 
had  not  heretofore  been  located.  In  case  of  making  such  new  survey  and 
re-location,  said  board  shall  proceed  in  the  same  manner  as  is  provided  in 
sections  seven  (7),  eight  (8),  and  nine  (9)  of  this  act,  and  all  the  provisions 
of  said  sections  in  all  respects  be  applicable  to  the  proceedings  for  such  re- 
survey  and  re-location  and  the  effect  thereof,  and  of  constructing,  using,  and 
operating  its  works  over  said  re-located  line.  It  may  join  its  proceedings 
for  such  re-survey  and  re-location  with  any  proceedings  for  extending  its  said 
works:  Provided,  that  if  said  board  shall,  in  the  proceedings  heretofore  or 
hereafter  to  be  had  for  locating  its  said  line,  have  paid  unto  the  said  clerk 
the  amount  awarded  to  any  person  by  the  commissioners  in  said  proceedings, 
the  amount  so  paid  in  shall  be  deemed  a  payment  to  such  person  upon  the 
amount  which  may  be  awarded  in  the  proceedings  hereby  authorized." 

Willful  damage,  penalty  for. — "Sec.  17.  Any  person  who  shall  wilfully 
and  without  authority  from  said  board  break,  remove  or  damage  any  dam, 
bulkhead,  gate,  gate  house,  conduit,  air  vent,  air  box,  air  box  cover,  main  pipe 
or  culvert,  or  fill  up,  or  partially  fill  up,  an  excavation  or  raise  or  open  any 
gate,  break  down  or  force  open  any  doors  of  said  works  executed,  constructed 
and  maintained  for  the  purposes  specified  in  this  act  shall,  on  conviction 
thereof,  be  punished  by  imprisonment  in  the  state  prison  for  a  term  of  not 
more  than  ten  (10)  years  nor  less  than  one  (1)  year." 

Willful  acts  to  divert  or  corrupt  water,  etc. — Penalty. — "Sec.  19.  If  any 
person  or  persons  shall  maliciously  or  wilfully  divert  the  water,  or  any  por- 
tion thereof,  from  the  said  works,  or  shall  corrupt  or  render  the  same  impure, 
or  shall  destroy  any  canal,  aqueduct,  pipe,  conduit,  machinery,  or  other  prop- 
erty used  or  required  for  procuring  or  distributing  the  water,  such  person 
or  person*  and  their  aiders  and  abettors  shall  forfeit  to  said  board,  to  be 
recovered  in  a  civil  action,  treble  the  amount  of  damages  (besides  costs  of 
suit),  which  shall  appear  on  file  to  have  been  sustained;  and  all  such  acts 
are  hereby  declared  to  be  misdemeanors,  and  the  parties  found  guilty  thereof 
may  be  further  punished  by  a  fine  not  exceeding  one  thousand  ($1,000)  dol- 
lars or  by  imprisonment  not  exceeding  one  (1)  year  or  both,  at  the  discretion 
of  the  court." 

Board  may  use  ground  under  streets,  roads,  railroads,  etc. — "Sec.  20 
That  the  said  board,  in  behalf  of  the  City  of  St.  Paul  and  all  persons  acting 
under  their  authority,  shall  have  the  right  to  use  the  grounds  or  soil  under 
any  road,  railroad,  highway,  street,  lane,  alley  or  court  for  the  purpose  of 
constructing,  enlarging,  improving  or  repairing  the  works  contemplated  by 
this  act,  on  condition  that  they  shall  cause  the  surface  of  such  road,  railroad, 
highway,  street,  lane,  alley  or  court  to  be  restored  to  its  original  state,  and 
all  damages  done  thereto  to  be  repaired." 

Rights-of-way  and  easements  paramount. — "Sec.  33.  In  all  cases  where 
rights-of-way  and  easements  have  been  'or  may  be  hereafter  acquired,  either 
by  purchase  of  title  or  by  condemnation,  for  the  laying  of  any  conduits,  supply 
mains,  or  other  appliances  or  works  for  supplying  water  as  contemplated  in 
this  act,  such  rights-of-way  and  easements  .shall  be  paramount,  and  neither 
said  City  of  St.  Paul  nor  said  County  of  Ramsey  nor  other  county  or  munic- 
itp  body  or  corporation,  or  other  corporation  or  person  shall  thereon,  use  or 
occupy  the  same  for  any  purpose  other  than  said  purpose  for  which  said 
right-of-way  or  easement  was  or  may  be  acquired  as  aforesaid,  except  with 
the  consent  of  .said  board,  and  upon  such  terms  and  in  such  manner  as  may 
be  agreed  upon  with  said  board  of  water  commissioners  and  said  board  of 
water  commissioners  is  hereby  authorized  to  make  and  enter  into  any  agree- 
ment in  that  behalf  which  it  may  deem  necessarv  and  expedient." 


CHARTER  OF  CITY  OF  ST.  PAUL.  105 

Actions  and  judgments  against  board. — "Sec.  34.  And  all  causes  of  ac- 
tit)n,  cither  at  law  or  in  e(|uity,  whicli  may  now  exist,  or  which  may  hereafter 
occur  b}^  reason  of  any  act  or  omission  by  or  on  the  part  of  the  board  of 
water  commissioners,  or  of  any  of  its  servants,  agents,  employes  or  other- 
wise, shall  be  brought  and  maintained  by  such  claimant  or  claimants  against 
the  said  board  of  water  commissioners,  anything  in  the  statutes  of  the  State  of 
Minnesota  to  the  contrary  notwithstanding.  And  any  and  all  judgments  re- 
covered against  said  board  of  water  commissio.ners  shall  be  paid  out  of  any 
monies  in  the  hand.s  of  the  citv  treasurer  of  the  City  of  St.  Paul  belonging  to 
said  board,  as  other  indebtedness  are  paid." 

Notice  of  actions,  filing  and  contents,  limitation. — "Sec.  35.  Before  any 
ciCtion  shall  hereafter  be  maintained  in  any  court  of  this  state  having  jurisdic- 
tion thereof,  against  said'  board  of  water  commissioners,  for  any  cause  what- 
ever, the  subject  matter  thereof,  together  with  the  evidence  in  support  of  the 
same,  must  have  first  been  presented  and  submitted  to  said  board  for  its  in- 
vestigation and  approval,  and  that,  too.  within  sixty  (60)  days  after  said  cause 
of  action  accrues.  If,  upon  and  after  such  investigation  by  said  board,  the 
same  shall  by  it  be  rejected,  then  and  in  that  case  action  thereon  must  be 
commenced  within  one  (1)  year  thereafter,  or  forever  be  barred  from  main- 
taining an  action  thereon,  or  recovering  a  judgment  against  said  board  upon 
said  claim  or  cause  of  action." 

Real  estate  defined. — "Sec.  ?,6.  The  term  'real  estate'  as  used  in  this 
chapter,  shall  be  construed  to  signifj-  and  embrace  all  uplands,  lands-  under 
water,  the  waters  of  any  lake,  pond  or  stream,  all  and  every  estate,  interest 
and  right,  legal  and  equitable,  in  the  land.s  or  water,  including  term  for  years, 
and  liens  thereon  by  way  of  judgment,  mortgage  or  otherwise,  and  also  all 
claims  tor  damages  to  such  real  estate." 

Meetings — General  powers — Executive  officer. — Sec.  450.  Such  board 
shall  meet  at  least  O'Uce  a  month  and  at  such  other  times  as  it  may  deter- 
mine and  shall  keep  complete  public  records  of  all  its  proceedings.  Special 
meetings  maj^  be  called  by  the  president  or  by  the  other  two  members  by 
jointly  signing  call.  A  majority  of  the  board  shall  constitute  a  quorum  for 
the  transaction  of  business. 

Subject  to  the  charter  and  any  enactment  in  pursuance  thereof,  the  board 
shall  have  full  control  and  management  of  the   said   department. 

The  president  shall  be  the  executive  of^cer  of  said  board  and  subject  to 
the  charter  and  with  the  approval  of  the  board  may  appoint  and  employ  all 
ofificers  and  employes  of  the  said  department. 

Officers  and  employes — Terms  and  compensation. — Sec.  457.  The  board, 
with  the  approval  of  the  council,  by  administrative  ordinance,  shall  fix  the 
compensation  of  all  officers  and  emploves,  their  titles,  terms  of  service,  and 
general  conditions  of  employment,  subject,  however  to  this  charter,  and 
also  may  likewise  make  and  provide  rules  and  regulations  for  their  govern- 
ment. 

Contracts — Finances. — Sec.  458.  All  contracts  and  agreements  shall  be 
made  in  the  name  and  for  the  benefit  of  said  board,  and  all  formal  contracts 
shall  be  signed  and  executed  by  the  pres'dent  and  secretary  tliereof,  and  ap- 
proved and  countersigned  by  the  comptroller. 

All  money  collected  or  expended  by  the  said  board  shall  be  kept  in  a 
separate  fund,  which  may  be  divided  into  such  accounts  as  desirable,  and  shall 
be  used  only  for  the  purposes  and  uses  of  .said  board  and  not  -otherwise. 

Rules  for  use  and  water  rates. — Sec.  450.  The  council,  by  ordinance,  shall 
provide  rules  and  regulations  relative  to  the  u'^c  and  di-^tribution  of  water, 
the  fixing  of  the  price  at  which  it  shall  be  furnished  for  any  purpose  whatso- 
ever. Water  rates  must  be  uniform,  as  nearlv  a'^  nracticablc.  a"''  ^haU  be 
adequate  for  the  maintenance  of  said  department  the  pavment  of  all  interest 
and  repair  charges,  and  the  amortization  of  all  indebtedness  when  (]uq,  and 
any   officer   violating   this   provision   shall    be   guilty    of   a   misdemeanor.      .Vnj' 


lOG  CHARTER  OF  CITY  OF  ST.  PAUL. 

and  all  charges  to  the  furnishing  by  the  said  board,  of  water  to  any  person 
or  propertj'  shall  be  a  continuing  lien  upon  such  property  until  the  same  are 
paid. 

The  council  may  provide  for  the  payment  of  water  rates  in  advance  and 
may  also  provide  for  the  deposit  of  a  stated  sum  for  the  installation  of  a 
meter  or  other  water  connection,  which  deposit  shall  be  returned  to  the  per- 
son making  the  same  with  interest  not  to  exceed  four  (4)  per  cent  per  annum 
when  such  connection  shall  terminate,  provided  all  charges  shall  have  been 
paid.  It  may  also  prescribe  a  minimum  rate  and  shall  prescribe  penalties  for 
failure  to  pay  promptly  for  water  furnished,  and  also  for  non-payment. 

All  water  rates  and  charges  shall  be  collected  at  least  once  in  every  three 
months. 

City  must  pay  for  water. — Sec.  460.  The  said  board  shall  keep  separate 
accounts  with  each  officer  and  department  of  the  city  and  other  governmental 
agencies  for  water  furnished  and  shall  collect  therefrom  in  the  same  manner 
and  subject  to  the  same  rules  and  regulations,  as  if  the  same  were  private 
persons,  provided,  however,  that  the  council  shall  annually  appropriate  funds 
for  the  payment  to  such  board  for  all  w-ater  supplied  for  the  extinguishment 
of  fires,  for  public  tountanis,  public  watering  places,  public  batbs,  the  clean- 
ing of  streets  and  for  all  other  public  purposes  where  it  is  impracticable  to 
measure  the  amount  thereof.  The  council  also  shall  annually  determine  the 
cost  or  value  of  water  to  be  used  in  street  sprinkling  or  other  like  purpose 
and  shall  direct  the  proper  officer  or  d  epartment  to  include  such  sum  or  sums 
in  the  cO'St  of  sprinkling  or  other  like  purpose  and  proceed  to  collect  the 
same  for  the  benefit  and  use  of  the  said  water  department. 

Failure  on  the  part  of  anv  public  officer  to  carry  out  the  provisions  of 
this  section  shall  constitute  malfeasance  in  office. 

Frontage  tax — Collection. — Sec.  461.  The  said  board  shall  assess  against 
each  and  every  lot.  piece  or  parcel  of  land  in  front  of  which  water  pipes  are 
laid  an  annual  tax  or  assessment  of  ten  (10)  cents  per  lineal  foot  of  the 
frontage  thereof,  which  assessment  shall  be  a  lien  thereon  and  shall  be  col- 
lected by  and  through  the  county  auditor  and  county  treasurer  in  such  man- 
ner as  the  council  by  an  administrative  ordinance  shall  prescribe;  but  no 
property  shall  be  subjected  to  more  than  ten  such  annual  assessments,  and 
all  sums  so  collected  shall  be  for  the  benefit  and  use  of  the  said  board. 

Mains — Grades. — Sec.  462.  The  council  by  ordinance  shall  prescribe  the 
manner  of  and  provide  for  the  laying  of  water  mains,  the  re-adjustment  there- 
of, and  the  relaying  and  readjustment  thereof  on  the  change  of  anj^  street 
grade. 

Council  powers. — Sec.  463.  The  council  shall  have  full  power  and  au- 
thority, subject  to  the  provisions  of  the  charter,  to  prescribe  and  provide  for 
the  better  conduct  and  regulation  of  the  water  department  and  all  other  mat- 
ters connected  therewith  not  herein  provided  for. 

Bonds. — Sec.  464.  All  bonds  heretofore  issued  by  the  city  for  the  pur- 
chase or  improvement  of  the  water  system  of  the  city  are  hereby  declared  to 
be  legal  and  valid  obligations  of  the  City  of  St.  Paul. 

Upon  request  of  the  said  board,  the  council  shall  have  power  by  five- 
sevenths  affirmative  vote  of  all  members  elect,  to  issue  and  sell  not  to  exceed 
three  hundred  thousand  dollars  ($300,000.00)  par  value  of  the  bonds  of  said 
city  for  the  purpose  of  and  the  proceeds  thereof  shall  be  used  solely  for 
extending,  enlarging  and  improving  the  water  plant  and  system  of  said  city, 
provided,  however,  that  no  more  than  one  hundred  thousand  dollars  ($100,- 
000.00)  par  value  of  said  bonds  shall  be  issued  and  .sold  in  any  one  calendar 
year. 

Said  bonds  shall  be  in  the  form  prescribed  by  the  council,  shall  bear  in- 
terest at  a  rate  not  to  exceed  four  (4)  per  cent  per  annum,  and  shall  be  pay- 
able in  not  to  exceed  thirty  years  after  their  date.  'It  is  the  duty  of  said 
board    to    make   annually   suitable   provision   for  the    prompt    payment   of   the 


CHARTER  OF  CITY  OF  ST.  PAUL.  107 

interest   on    any   said   bonds    and    for   the    redemption    of    said    bonds    at    their 
maturity  from  the  revenues  of  said  board. 

Said  bonds  may  be  issued  and  sold  notwithstanding  any  other  provisions 
of  this  charter  nor  any  provision  of  law  fixing  the  bonded  indebtedness  of 
said  city,  but  they  shall  not  be  additional  to  the  bonds  authorized  in  the 
provisions  of  this  charter  relative  to  city  finances. 

CHAPTER  XXIII. 

Court  house  and  city  hall  joint  committee. — Sec.  465.  That  the  follow- 
ing portion  of  Section  1,  Chapter  64  of  the  special  laws  of  the  State  of  Min- 
nesota for  the  year  1889  in  the  following  words  shall  remain  in  full  force, 
to-wit: 

"The  said  building  (Court  house  and  City  hall)  when  completed  shall  be 
in  charge  of  a  joint  committee  of  seven  to  be  appointed  as  follows:  The 
mayor  of  the  City  of  St.  Paul  .shall  be  ex-ot¥icio  a  member  and  chairman  of 
said  committee.  Three  (3)  of  said  committee  shall  be  appointed  annually  by 
the  president  of  the  common  council  of  said  city  from  the  members  of  said 
council,  and  three  (3)  shall  be  appointed  annually  by  the  chairman  of  the 
board  of  county  commissioners  from  the  members  of  said  board.  Said  com- 
mittee shall  have  entire  charge  of  said  building,  and  shall  have  power  to  ap- 
point such  janitors,  custodian  and  other  employes  as  they  shall  deem  neces- 
sary for  the  proper  care  and  management  of  said  building  and  at  such  com- 
pensation as  said  committee  shall  determine.  The  expense  of  keeping  .said 
building  in  repair  and  the  necessary  expense  of  heating  and  maintaining  the 
same  shall  be  paid  equally  by  said  city  and  county,  that  is  to  say.  one-half 
thereof  out  of  the  treasury  of  said  city  and  one-half  out  of  the  treasury  of 
said   county." 

Provided  that  the  foregoing  the  term  "common  council"  shall  moan 
"council"  under  this  charter  and  the  phrase,  "president  of  the  common  coun- 
cil," shall  mean  mayor  of  the  City  of  St.  Paul  under  this  charter. 

CHAPTER  XXIV. 

Municipal  court. — Sec.  466.  All  provisions  of  law  relating  to  the  munic- 
ipal court  of  the  City  of  St  .Paul,  or  any  of  the  officers  or  employes  thereof, 
or  imposing  powers  or  duties  on  any  of  the  officers  or  employes  of  said 
city  of  St.  Paul  in  connection  with  said  municipal  court,  are  continued  in 
force  and  made  part  of  this  charter. 

CHAPTER  XXV. 

Almshouse  and  city  hospital. — Sec.  467.  All  provisions  of  law  relating  to 
the  almshouse  and  city  hospital,  and  to  the  city  and  county  physician  as  they 
row  exist,  are  continued  in  force  and  made  part  of  this  charter. 

CHAPTER  XXVI. 

Plat  commission. — Sec.  468.  All  the  provisions  of  that  certain  act  of  the 
legislature  of  the  State  of  Minnesota  entitled,  "An  act  to  amend  and  con- 
solidate an  act  to  provide  for  a  plat  commission  of  Ramsey  county,  approved 
March  7,  1881,  and  the  several  acts  amendatory  thereof,"  approved  February 
22,  1887,  being  chapter  108  of  the  special  laws  of  1887,  so  far  as  applicable 
to  the  City  of  St.  Paul,  are  hereby  continued  in  force  and  made  part  of  this 
charter,  except  insofar  as  such  provisions  are  inconsistent  with  the  express 
provisions  of  this  charter;  provided  that  the  mayor  of  the  City  of  St.  Paul 
shall  have  the  appointive  power  given  the  "president  of  the  common  council" 
under  said  act,  and  the  commissioner  of  public  work.s  shall  take  the  place  of 
the   "city  engineer." 


108  CHARTER  OF  CITY  OF  ST.  PAUL. 

CHAPTER  XXVII. 

Assessment  of  property  for  general  taxation. — Sec.  469.  The  provisions  of 
law  relating  to  tlie  assessment  of  property  for  general  taxation  as  they  now 
exist  are  continued  in  force  and  made  part  of  this  charter,  except  insofar  as 
such  provisions  of  law  are  inconsistent  with  the  express  provisions  of  this 
charter.  Provided  that  the  board  of  appointment  as  therein  provided  shall  be 
composed  of  the  chairman  of  the  board  of  county  commissioners  of  Ramsey 
county,  the  auditor  of  the  County  of  Ramsey  and  the  vice-president  of  the 
council  of  the  City  of  St.  Paul. 

OHAPTER  X;XVIII. 

Official  publications. — Sec.  470.     In  November  of  each  and  every  year  the 

council  shall  have  authority  to  receive  competitive  bids  and  to  make  a  con- 
tract or  contracts  for  the  printing  and  publishing  during  the  year  beginning 
January  1  next  following  in  a  dailj'  or  weekly  newspaper  specified  in  the  bid, 
and  printed  in  the  English  language  in  the  City  of  St.  Paul  qualified  under 
the  laws  of  ^Minnesota  to  publish  legal  advertisements,  all  ordinances,  resolu- 
tions, and  other  proceedings  and  matters  required  under  this  charter  or  by 
resolutions  or  ordinances  of  the  council  to  be  published  in  a  public  news- 
paper. Said  council  shall  by  ordinance  determine  the  manner  in  which  such 
bids  may  be  received,  and  such  contracts  awarded,  provided  that  said  con- 
tracts shall  be  awarded  in  each  case  to  the  lowest  qualified  bidder  and  in 
such  manner  as  to  serve  and  protect  the  interests  of  the  City  of  St.  Paul. 

May  establish  weekly  paper. — Sec.  471.  Instead  of  advertising  for  bids 
for  printing  and  publication  as  provided  in  the  preceding  section,  and  desig- 
nating an  established  daily  or  weeklj'  paper  as  the  official  paper  of  the  city, 
the  council  shall  have  power  and  authorit}^  to  require  the  city  clerk  to  have 
printed  and  to  issue  each  week  an  official  paper  of  the  City  of  St.  Paul  in 
v.diich  all  matters  above  designated  shall  be  published.  Said  paper  shall,  pub- 
lish only  matters  relating  to  the  city's  business.  Copies  of  each  issue  of  said 
paper  shall  be  kept  on  file  in  the  office  of  the  city  clerk  and  of  the  comp- 
troller, and  shall  be  sent  free  to  all.  public  libraries  in  the  Twin  Cities  and 
to  all  other  public  libraries  which  may  apply  therefor.  Such  copies  shall  be 
furnished  free  to  all  persons  applying  therefor  personally  for  each  issue  at 
the  city  hall,  one  copy  of  each  issue  to  each  person  so  applying,  or  they  shall 
be  mailed  to  the  address  of  any  person  paying  in  advance  a  subscription  of 
fifty  cents  per  year  to  said  city  clerk.  Said  subscription  shall  become  part 
of  the  printing  fund  of  the  City  of  St.  Paul.  The  time  specified  for  the  pub- 
lication of  any  notice  required  to  be  published  in  the  official  paper  of  said 
city   under   this   charter   sjiall   commence   with   its    first   publication. 

OHAPTER  XXIX. 

Miscellaneous  and  Supplementary. 

Sec.  472.  All  meetings  of  the  council,  of  all  boards,  committees  and  offi- 
cers whatever,  elected,  appointed  or  employed,  shall  be  public  meetings  open 
to  the  public  under  proper  regulations  to  be  fixed  by  ordinance  by  the  council. 
All  proceedings  and  records  of  all  such  bodies  or  officers,  and  all  documents 
Ijelonging  to  the  City  of  St.  Paul  shall  be  public  records  and  documents 
accessible  to  the  public  under  proper  restrictions  to  be  fixed  by  the  council 
by  ordinance.  All  such  records  shall  be  prima  facie  evidence  of  the  facts 
therein  stated  and  copies  thereof  when  certified  by  the  person  entitled  to 
the  official  custody  thereof  to  have  been  compared  by  him  with  the  original, 
and  to  be  a  correct  transcript  therefrom,  shall  be  received  in  evidence  in  all 
cases  with  the  same  force  and  effect  given  to  .such  original. 

Officials  and  employes  not  to  do  business  with  city. — Sec.  47."].  No  officer 
or   emploj^e   of   the   City    of   St.    Paul,   or   any   department,   bureau   or   activity 


CHARTER  OF  CITY  OF  ST.  PAUL.  109 

whatever  in  which  the  City  of  St.  Paul  or  its  government  is  in  any  way  in- 
terested, shall  have  a  personal  interest  direct  or  indirect  in  any  contract  or 
job,  with  said  city,  or  shall  be  interested  directly  or  indirectly  in  the  sale  to 
said  city  of  any  supplies,  material,  .service,  or  any  other  things  whatsoever, 
except  on  behalf  of  said  city  as  such  officer  or  employe.  This  prohibition 
shall  apply  to  the  leasing  or  selling  of  lands  to  said  city  for  any  purpose 
whatever.  The  receiving  of  a  fixed  salary  for  performing  official  duties  shall 
not  come  within  the  above  prohibition.  Any  violation  of  this  section  shall 
constitute  malfeasance  in  office,  and  anv  money.s  reserved  in  violation  of  said 
section  may  be  recovered  by  said  cittj'  in  the  courts. 

Curative. — Sec.  474.  The  adoption  of  this  amendment  shall  not  be  con- 
strued as  the  repeal  of  any  ordinance  or  resolution  of  the  City  of  St.  Paul 
now  in  force,  and  not  in  conflict  with  this  charter.  So  far  as  the  provisions 
of  this  amendment  are  the  same  as  the  provisions  of  the  prior  existing  charter 
the  same  shall  be  construed  as  continuations  thereof. 

All  contracts  entered  into  by  or  with  the  city,  prior  to  the  adoption  of 
this  amendment  shall  be  continued  in  force  and  with  the  same  effect  as 
though  all  the  procedure  entered  into  by  any  of  the  authorities  of  the  city 
for  making  local  improvements  or  any  other  public  work  shall  be  continued 
and  perfected  under  this  charter  with  the  same  effect  as  though  the  same 
had  been  commenced  hereunder,  except  that  where  the  completion  of  the 
same  is  impracticable  within  the  terms  of  this  charter,  the  same  shall  be 
completed  under  the  terms  of  the  laws  in  force  prior  to  the  adoption  thereof. 

The  repeal  by  this  amendment  of  any  prior  charter  or  any  part  thereof, 
whether  the  same  be  revised  or  re-enacted  herein  or  not,  shall  not  revive 
any  law  heretofore  or  hereby  repealed  or  any  office  abolished:  neither  shall 
it  affect  an}^  act  done,  ratified  or  confirmed,  nor  any  right  accrued  or  estab- 
lished, nor  any  action  or  proceeding  had  or  commenced,  but  future  proceed- 
ings save  as  herein  specifically  provided,  shall  conform  as  far  as  practicable 
to  the  provisions  of  this  amendment. 

Other  appointments. — Sec.  475.  The  appointment  of  all  officers  not 
otherwise  provided  for  in  this  charter  may  be  made  in  .such  manner  and  by 
such  persons  subject  to  the  chapter  on  civil  service  in  this  charter,  as  the 
council  may  by  ordinance  prescribe. 

Additional  powers  of  the  council. — Sec.  476.  In  addition  to  all  specific 
powers  given  the  council  or  any  officer  of  the  Citj'^  of  St.  Paul,  the  council 
shall  have  all  such  powers  as  may  be  necessary  to  supplement  and  supply  by 
ordinance  adopted  b}-  unanimous  vote,  subject  to  the  limitations  of  this  char- 
ter and  the  laws  of  the  state,  any  and  all  things  necessary  to  make  effective 
the  government  of  the  City  of  St.  Paul,  and  guard  and  preserve  the  interests 
of  its  inhabitants. 

May  remove  officers. — Sec.  477.  All  heads  of  departments  having  the 
power  of  appointing  assistants,  subordinates  or  employes  shall  have  power  to 
remove  said  officers  under  the  resolutions  and  by  the  methods  provided  in 
the   chapter  on   civil   service. 

Sec.  478.  The  council  shall  have  power  by  ordinance  to  provide  for  in- 
spection and  regulation  of  all  construction  work,  whatever,  within  the  City 
of  .St.  Paul,  whether  buildings,  plumbing,  heating,  ventilating  or  any  other 
construction  whatsoever,  and  shall  do  .so  for  the  protection  of  the  people  of 
St.    Paul. 

Sec.  470.  The  council  sliall  provide  for  city  representaticm-to  the  board 
of  equalization  and  all  other  boards  upon  which  the  city  is  entitled  to  repre- 
sentation. 

Sec.  480.  The  council  mav  provide  for  a  municipal  reference  lilirary  and 
the  selection  of  employes  thereof. 

Council  to   perform  duties  and   exercise  powers   of  "common   council." — 

Sec.   481.     Any   duty   or    novver    eiven    the    ''commmi    council"    in    this    or   any 
previous  charter  of- the  City  of  St.  Paul  or  any  amendment  thereto,  or  in  any 


no  CHARTER  OF  CITY  OF  ST.  PAUL. 

statute,   shall   be   performed   or   exercised   by   the    council    created   under   this 
charter,  if  not  otherwise  provided  for  herein. 

Sec.  482.  All  playgrounds  attached  to  public  schools  or  purchased  with 
school  funds,  shall  be  under  the  exclusive  direction  and  control  of  the  com- 
missioner of  education  for  all  purposes  whatever. 


INDEX. 


Section. 

ABANDONMENT,    franchises 163 

ABATEMENT,    nuisances 373  374 

Smoke    nuisance 450 

ACCEPTANCE,  of  candidacy 16 

ACCIDENTS,  duties  of  police  officers 361 

ACCOUNTANT,  appointment  by  comptroller,  salary 72 

Auditing  accounts  of  departments .  97 

ACCOUNTS,   of  departments,  auditing 97 

ACTIONS— 

Appeals  by  city iSr 

To  be  brought  in  corporate  name  of  city 179 

Effect  of  amendment  of  charter 474 

Inhabitants  of  city  competent  as  judges,  jurors,  etc 182 

Process  served  on  mayor 65 

Security    for    costs 181 

ADVERSE  POSSESSION,  against   Citv 256 

ADVERTISEMENTS— 

Bids    311 

Bids  for  construction  of  buildings 304 

Contract    for    supplies 297 

Official     publications 470 

AFFIDAVITS,  contractors,  as  to  payment  of  claim 322 

Publication    of   ordinances 123 

ALIENATION,  lands  acquired  for  park  purposes 423 

ALMS'  HOUSE,  laws  continued  in  force 466 

ALTERATIONS,  in  lots,  changing  assessments 264 

AMBULANCE,  police   ambulance 353 

AMENDMENT,  time  of  taking  efifect 43 

Amendment  of  Charter,  efifect  of  adoption 43a  474 

APPEALS— 

Condemnation    proceedings 271 

By    city 181 

From  confirmation  of  assessments 250 

APPORTIONMENT,   miscellaneous    receipts 210 

APPROPRIATIONS— 

Emergency     206 

Limitation   of  amount 201 

Local    improvements 278,  279 

Ordinances     117 

Request   for,   itemized 92 

■  Schools 394 

Street  intersections  and  crosswalks 235 

Street    sprinkling ' -^ 275 

Transfer  of  funds 208 

Unexpended    balance 20Q 

ARCHITECTS— 

Appointment  by  building  inspector 431 

Duties  as  to  buildings,  etc 434 

Plans,   specifications,  and   estimates    for   buildings 304 

Salary    431 

As   superintendent   of  buildings 435 


112  INDEX. 

ARREST—  Section. 

.Authority    of    policemen 357 

Powers   of   park   police l-f' 

Rewards     for 365 

Duties  of  police  officers 361 

ART  GALLERIES— 

Accinisition  of  lands  for 233 

Assistants    and   employes 4CI 

r.uildings     405 

Control   of  expenditures » 404 

Control  of  property 404 

Donations,    conditions 410 

Free    use 407 

Library    fund 405 

Powers  of  Commissioner  of   Education 400 

Reports   to  council 408 

Rules    and    regulations 402 

Tax    levy 412 

ASSESSMENTS— 

.Additional     254 

Advance    payments 265 

Alterations    in    lots 264 

Care  of  grass  plots 429 

Change  or  modification  of  improvements 254 

Collection  by  county  officers 266 

Collection    of   subsequent    installments 263 

Comptroller    to    audit 249 

Confirmation,    appeals 250 

Defenses    and    objections 247 

Hearing     : 247 

Jurisdictional     defects 247 

Deferred    installments    278 

Delinquent  assessments  or  installments 279 

Collection  by  county 261 

Payment    262 

Penalty    260 

When     delinquent 260 

Effect  of  confirmation   and  judgment 250 

Final     assessments 245 

Inadequate     252 

Imterest     260 

Interest    on    installments 263 

Judicial    confirmation 246 

Certified  copy  to  commissioner  of  finance 248 

Judicial    revision 247 

Lateral  sewer,  water  and  gas  connections 238 

Lien    259 

Municipal    sprinkling    plant ;  .  .  .  .  277 

Non-assessible    improvements 2.s8 

Notice    of    payment .  ■  260 

Parks,    boulevards,    etc 237 

Parks  or  park  ways 421 

Payment    in    installments 258 

Pending  acts  and  proceedings , 268 

Planting  and  care  of  trees 43° 

Preliminary    assessment 244 

Re-assessment  or  new  assessment 251 

Rules    governing 255 

Sale  of  local  improvement  certificates 267 

Sidewalks    281 

Street    sprinkling 275,  276 

Trunk    sewers 236 


INDEX.  113 

Section. 

ASSIGNMENT,    contracts 323 

ASYLUMS,  reports  to  bureau  of  health 373 

ATTORNEYS,   special   counsel 178 

AUDIT— 

Claims  against  city -j-j^  94  97 

Assessment    roll 249 

Street    sprinkling   assessments 276 

AUDITOR,   deputy,   appointment,    salary 72 

AUDITORIUM— 

Annual   reports  to  council 417 

Auditorium    fund 414 

Reimbursement  from  contingent   fund 415 

Bequests  and   donations 416 

Charges    for    use 415 

Commissioner  of  education  to  have  control 413 

Revenues     215 

To  be   self-supporting 415 

Subscriptions     416 

Superintendent,    appointment 413 

AWARDS,  of  contracts 299 

BANKS,  city  depositories tSSa  193 

Stockholders  as  sureties  on  bonds  of  depositories i88a 

BEQUESTS,   for  auditorium 416 

BIDS— 

Advertisement    for 311 

Bonds  or  checks  to  accompany 312 

For  city  lighting 443 

For  construction   of   buildings 304 

Filing 312b 

For   official   publications 470 

Opening    312a 

For    public    works 349a 

Readvertising    318 

For    supplies 297,  298 

BILL  OF  PARTICULARS— 

Charges   against   non-elective   officers   and   employes 60 

BIRTHS  AND   DEATHS,   reports 2>12, 

BOARD  OF  CONTROL,  claims 96 

BOARDS,  (See  Water  Department.) 

Abolition    42a 

BONDS— 

Appeal    by    city 181 

Appeal  from  confirmation  of  assessment 250 

Assignee    or   lessee   of   franchise 172 

Bidders     312 

City    depositories i88a 

Deposit  of  securities  in   lieu  of 190 

Lapse     189 

Proceedings    on 189 

Contractors     320 

Additional     bond 321 

Of  employes  in   department  of  public  safety 352 

Cancellation  on  payment :- 223 

Cancellation  by  comptroller 224 

Coupons,    authentication 224 

Emergency    loans 206 

Increase   of  permanent   debt 216 

Investment  of  sinking  funds 221 

Issuance,   submission  to  voters 217 

Library     building 406 


114  INDEX. 

Section. 

BONDS— Cont. 

Limitation   of  amount -^7 

Local  improvement  fund 270 

Mayor  to   sign ^^4 


New    bonds, 


216 


Payment,    surrender "3 

Refunding    • 217 

Sale,    amount 217 

Seal     224 

Security  of  city  pledged  for  payment 218 

Sining    fund 219 

Use  for  other  purposes 217 

Water   supply 464 

Ofificial     51 

BOOKKEEPER,   Deputy  appointment,   salary 72 

BOOKS  AND  PAPERS— 

Franchise    holders,    inspection 154 

Injury  to  or  failure  to  return  to  library  books 409 

Production  before  civil  service  commissioner 106 

Production  before  commissioner  of  public  safety 352a 

BOULEVARDS— 

Acquisition    of   lands   for 233 

Bureau  of  construction  and  repairs 327,  328 

Bureau   of  sanitation 332 

Powers    of    council 233 

BOUNDARIES,   wards,    change 3 

BRIDGES— 

Bureau   of  bridges 329,  -  330 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Powers    of    council 128 

BUDGET— 

Estimates     200 

Hearings    on 202 

Limitations     201 

Ordinance,     referendum 140 

Publication     202 

BUILDING   INSPECTOR,   appointment  of  architect '431 

Commissioner  of  parks,  playgrounds  and  public  buildings  ex  ofificio.  431 
BUILDINGS  (See  Public  Buildings.) 

Building    lines 234 

Commissioner  of  parks,  playgrounds  and  public  buildings 418,  439 

Destruction  for  purpose  of  extinguishing  or  checking  fires 369 

Duties  of  commissioner  of  parks,  playgrounds  and  public  buildings..  432 

Inspection 437 

Inspection  and  regulation  of  construction  work 478 

Inspectors 432,  435 

On   lands   condemned,  appraisal,   removal 274 

Permits     436 

Regulations,  powers  of  council , 127,  433 

BUREAUS— 

(See  Civil  Service.  Fire  Protection.  Bureau  of  Health,  Police,  Public 
Safety.  Public  Works.) 

BYSTANDERS,  Summoning  by  police  ofificers 357 

Summoning  to   extinguish   fires 369 

CARRIERS,    Quarantine 373 

Transportation  of  policemen,  firemen,  etc.,  by  street  railroads 165 

CENSUS,  Per  capita  limitation  of  expenditures 201 

Schools     394 

CERTIFICATES,  of  preservation 12,  14 

Of    vaccination 373 


INDEX.  115 

Section. 

CERTIFICATES  OF  INDEBTEDNESS— 

Amount    225,  278 

Application   of  proceeds   of   sale 228 

City    Clerk    to    attest 230 

Comptroller    to    countersign 230 

Corporate    seal 230 

Denomination     226,  278 

Form     230,  278 

Interest    226,  278 

Local   improvement   certificates 278 

Proceeds   of  sale 279 

Maturit}^     226 

Mayor  to   sign 230 

Sale 225 

Minimum    price 231,  278 

Pajnnent 229 

Records    of 229 

Time    of 231 

Surplus   moneys    invested   in 232 

CERTIFIED  CHECKS,  to  accompanv  bids 312 

CHARTER— 

Contract   and   obligations   under  former   charter 43a,  474 

■  Efifect   of   adoption    of   amendment 43a,  474 

Time   of  taking  efifect 43 

CHECKS',  to  accompany  bids    312 

On     depositories i88a 

CHEMIST,    city   testino;    laboratories 447 

CHIEF  OF  FIRE  DEPARTMENT  (See  Fire  Chief.) 

CHIEF  OF  POLICE  (See  Police.) 

CHILDREN,    compensation    to   minor   children    of  policemen,   killed    in 

service     355 

CITY  CLERK— 

Attesting    bonds 224 

Bond    , 51 

Calling   special    council    meetings in 

Certification  of  candidates  to  common  council 19 

Duties  as  to  recall  elections 29,  3s 

Duty  as  to  ballots 20 

Election,    term 113 

Execution  of  bond  on  appeal i8t 

Execution  of  contracts  and  leases 316 

Filing  petition  of  presentation \y 

Indorsement  of  petition  of  presentation 14 

Notice    of    elections 23 

Notice   to    oflficers    elected 9,  49 

Preservation  of  petition  of  presentation 18 

Printing  monthly  statement  of  comptroller 74 

To  provide  certificates  of  presentation 12 

Record   of  ordinances   and   resolutions 121 

Records    as    evidence 185 

Salary 45 

Secretary  of  board  of  water  commissioners 451 

Striking  names  from  petition  for  recall .-. 31 

Transmission  to  county  auditor  of  copy  of  tax  levy 213 

CITY  ENGINEER,  records  as  evidence . . " 185 

CITY    FORESTER,   appointment,   duties 430 

CITY  HALL  (See  Court  House  and  Citv  Hall.) 

CITY   HOSPITAL,  laws  continued  in   force 466 

CITY  LIGHTING,  (See  Lighting.) 

CITY  MARKETS,  (See  Markets.l 


ii6  INDEX. 

Section. 

CITY  PHYSICIAN— 

Certificate  of  disability  of  firemen  or  police  officers 52 

Laws  continued  in   force 466 

CITY  TREASURER,  office  abolished 196 

CIVIL   ENGINEER,   appointment,   salarj- 12 

CIVIL  SERVICE— 

Bureau    established 9^ 

Chief  examiner,  appointment,  compensation 99 

Classification     lOO 

13eputy    purchasing   agent    exempt 284 

Examtinations     ."  103 

Officers    to    be    voters 109a 

Political     activity 108 

Political    affiliations 107 

Present    incumbents 104 

Prohibitions     105 

Special    policemen    and    watchmen    exempt 35^ 

Violation    of    rules 109 

CIVIL  SERVICE  COMMISSIONER— 

Civil    list 104 

Comptroller  as  commissioner  ex  officio "](>  98 

Enrollment  of  names  of  employes 95 

Investigations     106 

Powers 99 

Records     loi 

Reports  to  mayor lOl 

Rules     loi 

Exceptions     102 

CLAIMS—  \ 

Against  Board  of  Control  and  City  Hall  and  Court  House  committee  96 

Auditing    17,  94,  97 

For  injuries  to  firemen  or  police  officers,  release 52 

Limitations     95 

Notice    of 184 

Powers   of  council 97,  133 

Presentation    and    allowance 95 

CLERK  OF  DISTRICT  COURT— 

Certified    copy    of    confirmed    assessment    roll    to    commissioner    of 

finance     248 

Copy  of  assessment  filed  with 246 

CLERK  OF  MUNICIPAL  COURT.  Bond 51 

Bond   of   first   assistant   clerk 51 

CLERKS— 

Bureau  of  general  administration,  department  of  public  safety 383 

Chief    clerk    of    bureau    of    general    administration,    department    of 

public    safety 383 

Department   of   Public    Works 2)'h2> 

Names  certified  to  mayor  and  comptroller 91 

COMFORT   STATIONS,    Supervision    and   control 380 

COMMISSION.  To  standardize  supplies,  specifications  and   contracts..  296 

COMMISSIONER  OF  EDUCATION— 

Account    of    auditorium    fund 414 

Annual  reports  to  council  as  to  administration  of  auditorium 417 

Appointments,  advisory  library  board 411 

Advisory   school   board '. 398 

Assistants  to  superintendent  of  schools 390 

Employes    for   libraries,    etc 401 

Janitors,    engineers,    etc 392 

Librarian     401 

Principals  and  teachers,  etc 390 


INDEX.  117 

Section. 
COMMISSIOXER  OF  EDUCATION— Cmt. 

Superintendent    of    auditorium 413 

Superintendent  of  school  buildings 391 

Superintendent  of  schools 3^9 

Bond    51 

Branch    library,    establishment 403 

Control  and  management  of  public  libraries,  museums,  etc 400 

Control    of    auditorium 4^3 

Control  of  expenditures  for  libraries,  museums,  etc 402 

Control  of  school   playgrounds 482 

Duty  to  make  auditorium  self-supporting 415 

Employment  of  supervisors,   principals,   teachers,   etc 386 

Establishment,  control  and  maintenance  of  public  schools 385,  386 

Exclusion  of  persons  from  use  of  libraries,  etc 407 

Financial    records 395 

To  fix  duties  and  salaries  of  employes 387 

General    powers 386 

Library    fund 405 

To   prescribe  text-books,  and  courses  of  study 386 

Procuring  supplies  and  other  property 396 

To  provide  for  purchase  or  loan  of  text-books 386 

Records     395 

Removal  of  principals  and  'teachers 390 

Report  to-  council  as  to  libraries,  etc 408 

Rules    and    regulations 387 

Libraries,    etc 402 

Teachers     393 

Truants     397 

Salary 45 

School  inspectors  to  turn  over  the  property  to  commissioner 388 

COMMISSIONER  OF  FINANCE  (See  Treasury.) 

Additional   powers   and   duties 96 

Assessment  of  cost  of  street  sprinkling 276 

Assistants,    appointment,    compensation 195 

Certificates    of    delinquent    assessments 261,  263 

Certificates  of  payment  of  delinquent  assessments 262 

Certificates  of  notice  of  appeal  from  confirmation  of  assessment....  250 

Checks  on  depositories i88a 

Comptroller's   record   of   securities 84 

Condemnation    proceedings 269-  274 

Custody  of  public  moneys  and  securities 187 

Deposits   in   city   depositories l88a 

Deputy,    appointment,    salary 188 

Duties  as  to  local  improvements 240 

Liability    for    deposits 192 

Member  of  board  of  water  commissioners 451 

Member  of  sinking  fund  committee 62,  220 

Moneys   payable   by 197 

Moneys  payable  to 197 

Notice  for  payment  of  assessments 260 

Notice  to  property  owners   of  hearing  on  order  for  local  improve- 
ments      241 

Preliminary    assessments ^ 244 

Re-assessment     251,  252 

Receipts    for    instruments 194 

Record  of  land  condemned 273 

Record  of  sale  of  certificates   nf  indebtedness 229 

Records     194 

Report  to  (if  cost  of  street  sprinkling 275b 


nS  INDEX. 

Section. 

COM^IISSrOXER  OF   FINANCE— Cont. 

Sale  of  buildings  on  lands  condemned 274 

Sidewalk    'assdssments 281 

Statement  to   comptroller  of  deposits 191 

Tax  settlements,  payments  to  cit}'  by  cmmty  treasurer 19S.  199 

Bonds     51 

Salary     45 

COMMISSIONER  OF   HEALTH.   Salary 45.  372 

COM^IISSIONER  OF  PARKS,  PLAY  GROUNDS  AND  PUBLIC  BUILD- 
TNGS— 

Acquisition  of  lands  without  city  limits 428 

Advisory    Board 439 

Alienation  of  lands  prohibited 423 

Appointments,    architect 431 

City     forestci" 430 

Police  officers   and   park   employes 426 

Secretary     425 

Superintendent     425 

Architect   as    superintendent 435 

Assessments,    disposition 421 

Bond     51 

Care   of   grass   plots 429 

Care    of    streets 430 

Construction    of   buildings 304 

Control    of   playgrounds 43^^ 

Council   may  olace  streets  under  supervision  of 420 

Duties   of  architect 434 

Duties    relating    to    buildings 432 

As  ex  officio  building  inspector 431 

Expenditures  from  park  fund 421 

Inspection    of    buildings 437 

Laying   of    sewers,    etc 427 

May   acquire    lands 419 

Permits    for    buildings 436 

Plans    and    specifications 304,  310 

Powers   and    duties , 418 

Powers  of  council   over  regulations 433 

Records 425 

To  regulate  shores  of  streams,  lakes  or  ponds 422 

Reports     425 

Rules    and    rcgulatiions 424 

Salarv     45 

COMMISSIONER  OF  PUBLIC  SAFETY— 

Apoointments.   suspensions,   etc 352 

Chief  of  police 356 

Clerks,  etc..  bureau  of  general  administration 383 

Employes   for   public   baths 377 

Fire  chief,  assistants,  etc Z^7 

Health     oflficers 372 

License    inspector 356 

Policemen,    detectives,    etc 356 

Police     surgeon 356 

Soecial    policemen    and    watchmen 356 

Bond     5T 

\s   chief  police  and   ]ieace   officer 356 

Cbntrol    of   department 350 

Control    of   public   baths 376 

Custody    of    property 354 

Details  for  work  under  direction   of  county  attorney 364 

Disposition   of  lost   or  stolen  property 363 


INDEX.  119 

Section. 
COMMTSSIOXER  OI-  PUBLIC  SAFICTY— Cont. 

Disposition    of   weapons,    etc 362 

Duties  and  powers  as  to  municipal  court  officers 358 

Food  inspection,  hotels  and  restaurants 379 

Forms    for    vital    statistics 373 

General    duties 361 

General    health   ofificer 372 

General    health   powers 373 

Head  of  bureau  of  general  administration 383 

Head  of  bureau  of  police  and  fire  alarm  telegraph 381 

Inquiries,    witnesses,    evidence 352a 

Jurisdiction   over  lakes   and   water   courses 373 

Powers    and   duties 351 

Public    comfort    stations 3S0 

Removal    of    nuisances 374 

Rules  and  regulations  governing  public  baths 37S 

Salary 45 

Transfer   of   employes 351 

COMMISSIONER  OF  PUBLIC  UTILITIES— 

Abatement    of    smoke    nuisance 450 

Appointmenits,   assistants   and   employes 446 

Harbor    officers 449 

Approval   of  licenses,   permits,   etc 444 

Bond    51 

Charge   of  water  department 440 

City     lighting 441 

Commissiincr  to   bid  on 443 

Equipment     442 

City     markets .' 448 

City    testing   laboratories 447 

Control   of  municipal  utilities 446 

Control   of  public   utilities 444 

Ex  officio  member  of  water  board 440 

Levees  and  harbors 449 

President  of  board  of  water  commissioners 451 

Report     445 

Salary     45 

COMMISSIONER  OF  PUBLIC  WORKS'— 

Administration  of  work-house 335 

Appointments    by 346 

Engineers,    surveyors,    etc 325 

Superintendent  of  construction  and  repairs,  foremen,  laborers,  etc..  ;^2'/ 

Superintendent  of  work-house,  guards,  etc 336 

Bond     51 

Chief   engineering   officer 325 

Control   of   department 324 

Duties    as    to    sidewalks 280  2R7 

Duties  as  to  street  sprinkling ' 275,  275b 

Duties    in    condemnation    proceedings 2fig 

Estimates     349a 

General   powers   and   duties 347 

Head  of  bureau  of  construction  and  repairs .". 327 

Head  of  bureau   of  general   administration t;;^;^ 

Head  of  bureau  of  sanitation 331 

Maps   of  drainage  areas '236 

Maps   of  park   districts 237 

Member  of  board  of  water  commissioners ac,x 

Performance  of  work  by  commissioner 349a 

Plans    and    specifications 310.  349a 


120  INDEX. 

Section. 

COMMISSIONER  OF  PUBLIC  WORKS— Cont. 

Plat    commission 468 

Record    of    prisoners 338 

Records    as    evidence 185 

Report  to   commissioner  of  finance  as  to  local  improvements 240 

Rules  and  regulations 349 

Salary    45 

Transfer   of  employes 347 

COMMISSIONERS  (See  Water  Department.) 

Assignment  as  heads  of  departments 57 

Re-assignment     58 

COMPENSATION  (See  Salaries.) 

For  vacation  of  streets,   etc 129 

COMPROMISE  AND  SETTLEMENT,  Powers  of  council 133 

COMPTROLLER— 

Account  of  city  assets  and  liabilities 93 

Accounts  of  deposits 191 

Annual    reports , 73 

Approval  of  emergency  loans 206 

Assistants,    appointment,    salaries 72 

Auditing    assessment    roll 249 

Auditing    claims TJ,  94 

Auditing  street   sprinkling  assessments 276 

Bond    SI 

Business    hours 8 

Cancelling    bonds 224 

Candidates  for  election 21 

To  check  treasury  daily 79 

Civil    service 98,  loga 

Clerical  assistants,  appointment,  salaries 72 

Comptroller  and  treasurer  to  act  in  harmony 71 

As    comptroller    of   departments 88 

Contracts    delivered    to 314 

Contracts,   duties   as  to  legality 86 

Cost    accounts 97a 

Council  may  audit  claims 97 

Countersigning   certificates   of   indebtedness 230 

Countersigning  contracts   of  board  of  water   commissioners 458 

Countersigning  deeds,  leases,   etc 87 

Custodian    of    documents 82 

Daily   report  to   by  treasurer 80 

Daily  reports  to  of  fees  paid  into  treasury 89 

Deputy,    appointment,    salary 72 

Disbursement    of   miscellaneous    receipts 210 

Diversion   of  moneys   prohibited 90 

Duties  as  to  claims 95 

Election,    term 5 

Estimates  of  expenditures 200 

Estimates   of  miscellaneous   receipts 210 

Examination    of    departments TZ 

Examination    of   securities 61 

Examination   of  securities   in   hands   of  treasurer 85 

Execution  of  contracts  and  leases 315,  316 

Ex  officio,  civil  service  commissioner 76,  98 

Fiscal    year 70 

Forms  for  reports  as  to  administration  of  auditorium 417 

Forms   for  statements  by  franchise  holders 154 

Head  of  accounting  department 68 

Informat'on   to   council 75 


INDEX.  121 

Section. 
COMPTROLLER— Cr.nt. 

Inspection  of   purchases 300 

Inventories   of   property 93 

To  keep  comptrolling  accounts  for  departments 68 

Member  of  Commission  to  standardize  supplies 296 

Member  of  sinking  fund  committe 62,  85  220 

Minutes  of  proceedings  of  sinking  fund  committee 220 

Monthly    statement 74 

Names  of  clerks  certified  to 91 

Payment   by   check 78 

Forms    69 

Forms   for   school   records 395 

Receipts    for    payments 78 

Records   of  documents  and  securities 84 

Record  of  sale  of  certificates  of  indebtedness 229 

Reports  to  of  school  records 395 

Requests   for   appropriations   itemized 92 

Salary    45 

Securities  deposited  with  city  depositories 190 

Statement   to   of   deposits 191 

System   of  accounts 71 

To  take  up  evidences  of  indebtedness 83 

CONDUITS,  powers  of  council 233 

CONSTABLES— 

Bond     51 

Convej^ance  of  prisoners  to  work-house 343 

Election     28a 

CONTAGIOUS  AND  INFECTIOUS  DISEASES— 

Powers  of  health  officers 373 

Reports    by    physicians 373 

CONTRACTS— 

Construction    of   buildings 304 

Contractor's  bond,  additional  bond 321 

Advertisements    for    bids 311 

Affidavit  of  contractors  as  to  pajanent  of  claim 322 

Assignment    323 

Award    313 

Bids,    filing 312b 

Of  board  of  school  inspectors 388 

Bonds  or  checks  with  bids 312 

Claims    under    contracts 95 

Comptroller  as  custodian 82 

Construction  of  sidewalks 280 

Contractor's    bond 320 

Contractors'   liabilit}^  for  injuries 319 

Delivery   to   contractor 317 

Duties  of  bureau  of  construction  and  repairs 328 

■   Duties  of  comptroller  as  to  legality 86 

Effect  of  amendment  of  charter 43a,  474 

Estimates     349a 

Execution   1 -  .  .  .315,  "  316 

For  city  lighting ! .  443 

For  official   publications 470 

For  public  works 349a 

For    supplies 296,  299 

Form,    drafting 314 

Interest  of  officers  and  employes 473 

Let  to  lowest  bidder 308 

Letting  by  council 309 


122  IXDEX. 

Section. 
CONTRACTS -Con. 

Opening    bids 312a 

Plans    and    specifications '. 310.  349a 

Powers  of  council  as  to  disputed  demands I33 

Readvertising    3^8 

Seal     316 

Signing    by    comptroller 315 

Standard    forms 296 

With  board  of  water  commissioners 458 

CONTINGENT  FUND,  Reimbursement  of  auditorium  fund 415 

CONVENTIONS,  municipal  delegates,   funds   for 200 

CORONER,    reports   of   inquests 373 

CORPORATION  COUNSEI^— 

Actions  on  behalf  of  city I79 

Approval  of  form  of  official  bonds 51 

Assistants     : I77 

To  devote  entire  time  to  discharge  of  official  duties I77 

Duties    178 

Duties  as  to  certificates  of  indebtedness .-30 

Duties  as  to  form  of  city  bonds 224 

Duties  as  to  initiative  and  referendum  ordinances 146 

Election     176 

Notice   of  damage  claims 184 

Proceedings  on  bonds   of  depositories 189 

Salary    ;5 

Special    counsel 178 

Term    I7^ 

CORPORATIONS.   Petition   to  vacate   streets,  etc 129 

CORRECTIONS,  Bureau  of  corrections 335  345 

COSTS,  Security,  city  exempt  fom  giving 181 

COUNCIL  (See  Ordinances,  Resolutions.) 

Administration  of  public  trust 416 

Approval  of  appointments,  architect 43 1 

Fire     chief 367 

Health    Officers 37^ 

Librarian     40T 

Purchasing    agent 283 

Superintendent    of    Parks 425 

Superintendent    of    sanitation 346 

Approval   of  award   of  contracts 313 

Auditing   claims 97 

Change   of  ward   boundaries 3 

Comptroller  to  furnish  information '.  .  75 

Cc  uncilmen,  assignment  as  heads   of  departments .    .  ^7 

Candidates    for    election - 21 

i'jei.tion.    term 3 

Failure    to    vote 114 

Mayor  to   file  charges 59 

Peace    officers 357 

Punishment     1 12 

Reassignment 58 

Removal     59 

Elections  by   city  clerk 113 

Corporation     counsel 176 

Employment  of  special  counsel 178 

Establishment  of  drainage  districts 236 

Establishment    of    park    districts 237 

To  exercise  duties  or  powers  given  to  common  council 48: 

Final  order  for  local  improvements 242 


INDEX.  123 

Section. 
COUNCIL— Ct)nt. 

To  fix  salaries  of  officers  and  employes 45 

To  form  election   districts " 

Grant  of  temporary  license 1 30 

How    constituted 110 

Intermediary  order  for  local   improvements J41 

Journal     114 

Letting    contracts 309 

May   establish  weekly  paper 471 

May  prescribe  election  districts ■.  .  .  3 

May  provide  for  municipal   reference   library 480 

Mayor,   presiding   ofificer 55,  no 

Right   to  vote 55 

Meetings     in 

Meetings    to    be    public 472 

Mode    of    action  . ., 116 

Notice  to  of  damage  claims 184 

Not  to  change  compensation  of  officer  during  lerm 46 

Order  for  special   election 24 

Recall    election 35 

Orders    for    street    s])rinkling 275?! 

Powers     126-  133 

Additional     476 

Franchises i^g-  77- 

Local     improvements .  , j^i^.  243 

Official     bonds "  '  -"j 

Water    department ,5:, 

Restrictions     on joo 

Specific {2J 

Preliminary    order    for    local    imiM-ovemcnts 240 

Presiding    office" .. 

Signature  of  clerk  s  record •  j  j. 

Proclamation   calling  election jn 

To  provide  for  representative  to  board  of  equalization 479 

Provisions  for  inspection  and  regulation  of  construction  work 478 

Purchasing   department    regulations 307 

Quorum     ij2 

Reassessment   or   new   assessment 251.  252 

Records    \  .  472 

Removals   by  officers , 28 

Teachers   and  principals :^go 

Reports  to.  by  commissioner  of  finance  as  to  local  imi)rovements . .  .  240 

B}^  commissioner  of  public  utilities 44; 

Comptroller     73 

As    to    parks,    etc 423 

As   to   i)ublic   libraries,   etc 40S 

As  to  street   sprinkling 2~^ 

Of   street    sprinkling   assessments 276 

Right  of  members  of  advisory  board   to  be  heard  on  ])ark  and  play- 


ground   busine? 


4.sy 


Rules    112 

Vice    president,    acting    mayor .^...36.  113 

Election,    term 113 

Votes  necessary  to  vacate  streets,  etc 129 

COUNSEL  (See  Corporation  Counsel.) 

COUNTY  ATTORNEY.  Details  of  members  of  police  ])ureau  lor  u-,,rk 

under    direction    of 364 

COUNTY    BONDS,   investment   of  sinking   funds o-n 

COUNTY  COMxMISSIONERS.  Chairman,  appointment  of  numbers  ,,f 

court  house  and  ciity  hall  joint  committee 45- 


124  INDEX. 

Section. 

COUNTY  OFFICERS,  Collection  of  delinquent  assessments 261,  267 

Collection   of  street   sprinkling  assessments 276 

Collection   of  water  frontage  tax 461 

Duties  as  to  city  taxes 213 

COUNTY  PRISONERS',  agreements  for  confinement  in  workhouse. 341,  342 

Powers    of    council 127 

COUNTY  ROADS,  vacation 129 

COUPONS— 

Certificates    of   indebtedness 230 

City    bonds 224 

Payment,    surrender 83 

COURT  HOUSE  AND  CITY  HALL— 

Expense    of   maintenance 465 

Joint  committee,  appointment,   powers 465 

Claims     96 

CRIMES— 

Acceptance  of  gratuities  by  members  of  bureau  of  police 365 

Commitments  to  work  house  or  jail 180 

Disposition  of  weapons,  etc.,  used  in  commission  of 362 

Escape    from    workhouse 340 

Failure  of  boards  and  members  to  turn  over  books  etc.,  to  successors  42a 

Failure  of  bystanders  to  aid  in  extinguishing  fires,  etc 369 

Failure  to  give  notice  in  condemnation  proceedings 270 

Gratuities   to  purchasing  agents 306 

Powers    of    council 127 

Violation  of  civil   service  laws  or  rules 109 

Violation    of   health    regulations 373 

Violation  of  provisions  as  to  terms  of  oflfice 44 

Violation  of  regulations  for  water  supply 459 

Work-house    335-345 

CROSS-WALKS,  Appropriations  for  construction 235 

DAMAGES,  for  injuries,  powers  of  council 133 

DEAD  BODIES,  regulation  for  interment  and  removal Z73 

DEATH,  of  employes  in  department  of  public  safety 355 

DEEDS- 

Comptroller  as  custodian 82 

Duties   of  comptroller 87 

Mayor   to   sign 64 

Record  of  deeds  whcrt"  cit}'  is  partv 186 

DEPARTMENT— 

Annual  statements  to  purchasing  agent 292 

Board   of  water   commissioners 452 

Cost    accounts 97a 

Estimates    of    expenditures 200 

Examination    by    comptroller 72 

Heads,  execution   of  contracts   and   leases 316 

^lembers  of  committee  on  lands 303 

Removal  of  officers  and  employes 477 

Limitation   of   expenditures 205 

Public    safety 350-  384 

Public    Works 324,  349 

Purchasing    department 283-307 

DEPOSITORIES— 

Amount  of  deposits i88a 

Bonds i88a 

Deposit  of  securities  in  lieu  of 190 

Lapse     189 

Proceedings    on 189 

Checks   for   withdrawals i88a 


INDEX.  125 

Section. 
DEPOSITORIES— Cont. 

Daily    deposits i88a 

Designation     i88a 

Duplicate  deposit  slips  to  comptroller igi 

Intefest     192,  193 

Regulation   of   deposits i88a 

Withdrawal  of  deposits i88a,  191 

DEPOSITS,  for  installation  of  water  meters 459 

DETECTIVES,   appointment,   compensation 356 

DETENTION  HOSPITALS,  powers  of  health  officers 7,73 

DISORDERLY  CONDUCT,  powers  of  police 357 

DISPENSARIES,  reports  to  bureau  of  health 373 

DISTRICT  COURT,  appeals  to  in  condemnation  proceedings 271 

Confirmation  and  revision  of  assessments 246-  250 

DISTRICTS— 

Drainage   236 

Election     3.  7 

Park    237 

Police    and    fire 353 

DOCUMENTS,  Comptroller  as  custodian 82 

DRAFTSMEN,   bureau    of   engineers 32S 

DRAINAGE,  powers  of  council 233 

DRAINAGE    DISTRICTS,    establishment 236 

DRINKING  FOUNTAINS,  powers  of  council ' . .  233 

EASEMENTS— 

Acquisition    of    lands 233 

Adverse  possession  against   city 256 

Condemnation    209,  274 

EDUCATION  (See  Schools.) 

Commissioner  of  education 385-417 

ELECTION   DISTRICTS,  council  may  prescribe 3,  7 

ELECTIONS— 

Ballots,    form 20 

Party  designation  of  marks  prohibited 20 

Canvass     9 

Certificate    of   presentation,    requirements 13 

Failure  to  elect,  new  elections 26 

General    election    candidates 21 

General   laws   applicable 8 

Informalities     22 

Initiative    and    referendum 134-137 

Judges  of  the  municipal  court 28a 

Justices  of  the  peace  and  constables 28a 

Nominations    12-17 

Notice     23 

Notice  to  officers  of  election 9,  49 

Petition  of  presentation,  acceptance  or  withdrawal  of  candidacy....  16 

•    Filing     17 

Form    12 

Necessity    11 

Presentation   and    examination .". 14 

Preservation    18 

Withdrawal  of  signatures   from  certificate 14 

Officers  created  by  special  laws 6 

Officers    elected,    term 5 

Plurality  of  votes  to  elect 25 

Proclamation     19 

Recall,  call  for  election  to  contain  grounds  for  recall ^6 

Effect     42 


126  INDEX. 

Section. 
ELECTIONS— Cont. 

General   laws    applicable 4° 

.    Incumbent    removed 3*^ 

Officer  recalled  deemed  candidate  at  recall   election 34 

Officers     recallable 28b 

Order  for   special   election 35 

Other    candidates ^J 

Petition,    amendment 'ii 

Form    30 

Per  cent  of  electors 29 

Presentation   and   filing 32 

Signatures     3i 

Petition  of  nomination,  number  of  individual  certificates TH 

Polling  places,  time  of  opening  and  closing 39 

Qualification   of   successor 3'^ 

Registration    of    voters 39 

Resignation  after  recall  petition   filed ■ 34 

Time   for   presenting  petition 4i 

Voting    lists 39 

Special    elections 24 

Recall     35 

Submission  of  issuance   of  bonds 217 

Tie    votes 25 

To  be  held  under  charter 43 

To  determine  issuance  of  bonds  for  library  building 406 

Vacancies 27 

When    held 4 

ELECTRICITY.    Acquisition    of   lands   for   electric   lighting   and   power 

plant '2.ZZ 

Conduits,  powers  of  council 233 

ELEVATED  RAILROADS.  Petition   for  construction 160 

EMINENT  DOMAIN— 

Franchises    ■  •  170 

Lands   for  buildings 303 

Local    improvements 269-274 

Powers  of  council 127.  233,  234 

EMPLpYES— 

Building    inspectors 432 

Bureau   of  construction   and   repairs 7>^7-  34^ 

Bureau    of    engineers : 346 

Bureau  of  general  administration,  department  of  public  safet\' 383 

Department  of  public  works 'i2>'i 

Bureau  of  health 372 

Powers    as    policemen 375 

Bureau    of    sanitation ^Z'^,  346 

City    markets 448 

City   testing   laboratories 447 

Civil    service 98-i09a 

Claims    for    service 95 

Commissioner  of   finance I95 

Of  commissioner  of  public  utilities 446 

Department  of  public  safety,  injuries  or  death  in  service 35> 

Transfer    •  •  • 35^ 

Enrollment  of  names  with  civil  service  commission 95 

Extra    compensation 47-  53 

Hours   of  labor 53 

Interest  in  contracts,  etc 473 

Levees   and  harbors 449 

Public    Baths Z17 


INDEX.  127 

Section. 

EMPLOYES— Coin. 

Public    comfort    .stations 3^0 

Public   libraries,  museums,  etc 401  ' 

Receiving  interest   un   cit.v   deposits 193 

Removal     60,  477 

Salaries,  council   to   fix 45,  46 

Schools,    appointment 386,  392 

Compensation     387.  392 

Duties     387 

Hours    of    labor 392 

To  be   residents 109a 

Transfer  by  commissioner  of  puljlic  \v<n-ks 347 

Work-house     336 

ENGINEERS— 

Appointment    346 

Bureau   of  engineers 325,  326 

To  devote  entire  time  to  service  of  city 348 

Sanitary    engineer 331 

For    schools 386.  392 

EPIDEMICS,  powers  of  health  officers ^37Z 

ESCAPES,    from    work-house 340 

ESTIMATES',    of   public    expenditures 200 

Of    revenue 200 

EVENING    SCHOOLS,    establishment 386 

EVIDENCE— 

Hearings  b}-  commissioner  of  pttblic  safety 352a 

Records  of  council,  boards,  etc 472 

Records,    printed    compilations,    etc 185 

EXEMPTIONS,  powers  of  council  to  exempt  from  taxes  etc 133 

FEES,  conveyance  of  prisoners  to  workhouse 343 

Payment  to  treasury  daily 89 

FINES  AND   PENALTIES— 

Action  in  corporate  name  of  city 179 

Failure  to  give  notice  in  condemnation  proceedings 270 

Failure  to  pay  water  rates 459 

Imprisonment    for    non-payment 180 

Offenses   by  franchise   holders 154 

Powers    of    council 127 

Violation  of  health   regulation 2i7?i 

Violation   of  rules   governing  parks 424 

FIRE  CHIEF— 

Appointment    367 

Assistant,   appointment,   salary,   term 367 

Powers     369 

Salary     45.  367 

Term    t,6~ 

FIRE    DISTRICTS,    establishment y:,^, 

FIRE   LIMITS,  powers  of  council 127 

FIRE  MARSHAL,  commissioner  of  public  safetv ,367 

FIREMEN— 

Additional     duties 37 1 

Appointment,    compensatii  )n t 367 

Eligibility 3/0 

Injuries  or  death  in   service 52.  355 

Police    powers 368 

For    schools ,l86 

Transportation  on   street  railroads 165 

FIRE  PROTECTION,  BUREAU  OF— 

Additional     duties 371 

Captains,    employes,    etc :i6'/ 


128  INDEX. 

Section. 
FIRE  PROTECTION,  BUREAU  OF— Cont. 

Commissioner  of  pubic  safety  as  iire  marshal Z^7 

Commissioner  of  public  safety  as  head  of  bureau 3^7 

Compensation     3^7 

Eligibility     ZlOf 

Fire   chief,  appointment,  salary 367 

Assistant,    appointment,    salary 367 

Powers    369 

Police    powers 368 

FIRES— 

Bureau   of   police    and    iire    alarm    telegraph 381,  382 

Powers  of  fire  chief,  etc 3^9 

Duties  of  commissioner  of  parks,  playgrounds  and'  public  buildings..  432 

Water   supply 460 

FISCAL  YEAR,  departments 70 

FOOD,    inspection 379 

FORFEITURES— 

Action  in  corporate  name  of  city 179 

Failure  to  obey  summons  of  police  officers 357 

Franchises     154,  158 

Office   of  purchasing  agent 306 

FORMS— 

Certificates  of  indebtedness 230 

City    bonds 224 

Comptroller    to    prepare 69 

Reports  as  to  administration  of  auditorium 417 

Reports  of  school  records 395 

Vital    statistics 373 

FRANCHISES— 

Abandonment     163 

Acceptance  of  charter  provisions 157 

Additional    restrictions 162 

Amendment     151 

Condemnation    provisions 170 

Conduits 166 

Cost  of  bridges 164 

Designation   of  streets,  etc , 152 

Duration     149,  150 

Exclusive    franchises    prohibited 149 

Extension,    modificatioii    or   change 156 

Forfeiture    154,  158 

Grantee's    agreement 156 

Grants  by  implication  prohibited , 152 

Gross  earnings,  annual  license  fee ISS 

Statement     154 

Laws    governing 150 

Limit  of  grant 169 

Loans    on 171 

Necessity  of  grant IS9 

No  part  of  capital 152,  170 

Objections    to    regulations I74 

Poles  on  streets,   etc 166 

Powers  of  council  as  to  existing  franchises 168 

Powers  of  council  not  specified I75 

Publication   of   ordinances 153 

Referendum     ISO 

Regulation    of    charges 154 

Regulation    of   service 167 

Relative    rights ^IZ 


INDEX.  129 

Secticm. 
FRANCHISES— Cont. 

Sale    172 

Steam   and    elevated    railroads loo 

Street  maintenance   duties ^61 

Street   railroads,  transportation   of  firemen,   etc 165 

Terms   of  grants ^5-^ 

Time  for  renewal ^5^ 

GARAGES,  powers   of   council 127 

GARBAGE,    bureau    of    sanitation 331.  332 

GARBAGE  PLANTS,  Acquisition  of  lands  for 233 

GAS,  lateral   connections 238 

GAS  PLANTS,  Acquisition  of  lands  for ^^3 

GIFTS— 

For    auditorium 4 '  '^ 

Of  lands  boycnd  city  limits  for  parks,  etc -I28 

For  parks,    etc 4^9 

To  purchasing  agent,  etc 300 

GRADE    SCHOOLS,    establishment 386 

GRaT'JITIES,  to  members  of  bureau  of  police 3o5 

To   purchasing   agent,    etc 3^^ 

GRC'SS   IwXRNTNGS,  tax  on  franchise 154,  I55 

GUARDS,  contractors  to  guard  work 3^9 

Work-  house     33° 

HARBORS— 

Couilro]   of  commissioner   of  public  utilities 44° 

Land?    for -33 

Officers     449 

HEALTH— 

Bureau    of.    composition 37^ 

Bureau    of    sanitation 33'^-  33- 

Duties    of  police    oflficers 361 

Employes,  powers  as  policemen 375 

Enforcement  of   sanitary  laws 37^3 

General    health    powers _•  •  37^3 

Nuisances.,  abatement 373.  374 

Powers  of  council ^-7 

Public     Baths 376-378 

Officers,  appointment,  terms,  salaries 45-  372 

General    powers 372 

Sanitary  adviser  of  city  officers 37- 

Transportation    on    street   railroads ^6$ 

HEATING,  control  of  commissioner  of  public  utilities 444 

HIGH    SCHOOLS,   establishment 386 

HIGHWAYS— 

Acquisition  of  lands  for 233 

Injuries  from  defects,  notice  of  claim   for   damages 184 

Powers    of    council 128 

Vacation     129 

HOSPITALS— 

Acquisition  of  lands  for 233 

'  Detention    hospitals 373 

Laws   continued   in   force 466 

Reports  to  bureau  of  health ^ 373 

HOTELS.    Inspection 379 

HOURS  OF  LABOR,  officers  and  employes 53 

School    employes 392 

IMPROVEMENTS  (See  Public  Improvements.) 

INDEX,    volume    of    ordinances 124 


130  INDEX. 

Section. 

INITIATIVE  AND  REFERENDUM— 

Ballots     ^4^ 

Conflicting    ordinances ^44 

Duties   of  corporation   attorney 146 

Enacting  clause  of  ordinanices I47 

Initiative,  number  of  petitioners I34 

Petition     I35 

Submission  to  voters 130 

Items   or  sections   of  ordinances 148 

Number  of  ordinances   submitted  at  same   election I43 

Number    of    votes    required I44 

Ordinances     defined I45 

Referendum,    budget    ordinance 140 

Franchise     ordinance 150 

Number    of    petitioners I37 

Petition     138 

Publication    of   ordinances I39 

Repeal  of  ordinance  approved  by  voters 141 

Voluntary    reference 140H 

INJUNCTION,  against  civil  service  commissioner 105 

INSPECTION— 

Of  books  and  records  of  fanchise  holders 154 

Of    buildings 437 

of  city  work  by  comptroller 75 

Construction    work 47° 

Hotels,    restaurants,    etc 380 

Of    purchases 300 

INSPECTORS— 

Advisory  school   inspectors 398 

Building  inspectors 43^,  43-.  435 

City    testing    laboratories 447 

Medical   inspectors   for   schools 386 

INSURANCE  POLICIES,  comptroller  as  custodian 82 

INTEREST— 

Bonds,  'library   building 4o6 

Local    improvements 278 

Water    supply 464 

Certificates   of  indebtedness 227,  228 

Deposits     192.  193 

Deposits   on   installation  of   water   meters 459 

Local    assessments 260,  263 

1 NTERURBAN  RAILROADS,  cost  of  bridges 164 

INTOXICATING  LIQUORS',  powers  of  council 127 

INVESTMENTS.  Surplus  moneys   in   certificates   of  indebtedness 232 

Sinking    fund 221 

JAILS,    commitments 180 

Work-house    • 335-345 

JANITORS,  public  libraries,  museums,  etc 401 

Schools 386,  392 

JUDGES,   competency   of  inhabitants 182 

Municipal  court,  election,  term 28a 

JUDGMENT,  against  property  for  local  improvements 247 

On  appeal  in  condemnation  proceedings 271 

JURY,   competency  of  inhabitants 182 

JUSTICES  OF  THE  PEACE— 

Bond     51 

Competency   of   inhabitants 182 

Election     28a 

Sentences    to    work-house 339,  342 

KINDERGARTENS',    establishment 386 


INDEX.  131 

Section. 

Lx\BORATORIl':S,    citv    tcstiim    laboratories 447 

LAKES— 

Jurisdiction  over,  of  commissioner  of  public  safety ,■.■■••  -^^-^ 

Power.s  of  commissioner  of  parks,  play  grounds,  and  public  l)uildings  422 

Regulation   of  shores 422 

LAND,    purchase 302.  303 

LEASES— 

Duties   of   comptroller ^z 

Franchise    ^^~ 

Interest   of  officers   or   em])hiyes 473 

Levees    '30 

Library-     property 405 

Mayor   to   sign "4 

Park    privileges 41^^ 

LEVEES— 

Acquisition    of    lands    for ^33 

Bureau  of  construction   and   repairs 3-7,  3^8 

Control   of   commissioner   of  public   utilities 448 

Lease     ^30 

Lighting 441-44-2 

Powers    of    council '27 

LIBRARIAN— 

Appointment     40i 

Duties     401 

Eligibility     40i 

Salary 40l 

LIBRARIES— 

Accpiisition    of    lands    for 233 

Advisory    board 4i  i 

Assistants   and    employes 40i 

Branch    libraries 403 

Control    of    expenditures , 404 

Control  of  property 404 

Defacing  property,   punishment 409 

Donations,    conditions 410 

Free    use 407 

Librarian     40i 

Librarv    building 405 

Bonds'  406 

Library    fund 405 

Municipal    reference    library 480 

Persons    excluded ,  407 

Powers  of  commissioner  of  education 400 

Report   to   council 40o 

Revenues     215 

Rules   and   regulations 402 

Tax    levy 412 

Use    by    non-residents 407 

LICENSES— 

Exemptions,   powers   of  council ^33 

As    financial    forms 69 

Laws    governing ^50 

Powers    of    council -^ ^-7 

To  public  utility  owners  or  operators 444 

Renewal     150 

LICENSE    INSPECTOR,    appointment,    salary 356 

Duties     359 

LIENS— 

Assessments     259 


132  INDEX. 

Section. 
LIENS— Cont. 

Cost  of  removing  nuisances 374 

Water  frontage  tax 461 

Water    rates 459 

LIGHTING— 

Bids  by  commissioner  of  public  utilities 443 

Control  of  commissioner  of  public  utilities 444 

Powers   and   duties  of  commissioner  of   public   utilities 441-443 

Powers    of    council 233 

LIGHTING  PLANTS,  powers  of  council 127 

LIGHTS,  duties  of  police  officers 361 

Duty  of  contractors 3^9 

LIMITATION— 

Amount  of  certificate  of  indebtedness 278 

Bonded    indebtedness 217 

Cost    of    schools 394 

Expenditures     201 

LOANS— 

Emergenc)^     206 

On    franchise I7i 

Of  public  moneys  or  securities 187 

Temporary  loans  for  departments,  ofificers,  etc 205 

Text-books     386 

LOCAL  IMPROVEMENTS  (See  Public  Improvements.) 

LODGING    HOUSES,    inspection 379 

LOST  PROPERTY,  disposition  of  by  commissioner  of  public  safety 363 

LOTS,    alteration    or    division,    assessments 264 

MAIL  CARRIER,  transportation  on  street  railroads 165 

MANUAL  TRAINING   SCHOOLS,   establishment 386 

MAPS',  of  drainage   areas 236 

Of  park  districts 237 

^lARKETS— 

Control  of  commissioner  of  public  utilities 448 

Employes    448 

Lands     for 2^3 

Powers    of    council 127 

MAYOR— 

Acting    mayor 56 

Appointments  by.  members  of  court  house  and  citj^  hall  joint  com- 

tee     465 

Plat    commission 468 

Purchasing    agent 283 

Approval  of  emergenc}^  loans 206 

Approval  or  veto  of  ordinances  or  resolutions 121 

Appropriation    ordinance 122 

Assignment  of  department  heads 57 

Reassignment     58 

Calling   special    council    meeting iii 

Candidates  for  election 21 

Clerical     assistants 66 

Consent  to  suspension  of  civil  service  rules 102 

Duties    54 

Election,    term 5 

Examination   of   securities 61 

Execution  of  instruments,  bond  on  appeal l8l 

Bonds     224 

Certificates    of    indebtedness 230 

Contracts    316 

Deeds,    leases,    etc 64.  316 


INDEX.  133 

Section. 

MAYOR— Cont. 

Examination  of  securities  in  hands  of  treasurer 85 

Membership  on  boards  and  committees,  board  of  equalization 63 

Coiirt   House  and  city  hall  joint  committee 465 

Coinmission    to    standardize    supplies 296 

Committee    on    lands 303 

Sinking-   fund    committee 62,  220 

Names  of  clerks  certified  to 91 

Notice  to  of  default  of  depository 189 

Other  powers  and  duties 67 

Peace   officer 357 

President   of  council 55,  no 

Proceedings  for  removal  of  non-elective  officers 60 

Process   served   on 65,  183 

Qualifications 54 

Removal  of  principals  and  teachers 390 

Reports  to,  by  civil  service  commissioner loi 

By  commissioner  of  public  utilities 445 

Of    school    records 395 

Right  to  vote  in  council  meetings 55 

Salary     45,  66 

Veto  of  terms  of  ordinances 204 

Vice-president  of  council  as  acting  mayor 115 

MAYOR'S   SECRETARY,   bond 51 

Employment,    salary 66 

MEDICAL  INSPECTORS,  for  schools 386 

MEETINGS,   of  council,  boards,   etc 472 

MIDWIVES,  reports  of  births 2,73 

MUNICIPAL  COURT— 

Judges,    electon,    term 28a 

Laws   continued   in    force 466 

Officers,   powers   of  commissioners  of  public   safety   and   bureau   of 

police     358 

MUSEUMS— 

Acquisition  of  lands   for 233 

Assistants   and    emplo3'es 401 

Control   of  expenditures 404 

Control    of    property 404 

Donations,    conditions 410 

Free    use 407 

Library    building 405 

Library    fund 405 

Powers   of  commissioner   of  education 400 

Reports  to  council 408 

Rules  and  regulations 402 

Tax    levy 412 

NATIONAL  GUARD,  summoning  by  police  officers 357 

NEGLIGENCE,  notice  of  damage  claims 184 

NEWSPAPERS',  council  may  establish  weekly  paper 471 

Official    publications 470 

NOTES,    emergency    loans 206 

Payment,    surrender 83 

NONRESIDENTS,  use  of  public  libraries ^ 407 

NOTICE— 

Abateinent  of  nuisance 374 

Agreement  for  confinement  of  county  prisoners  in   work-house 341 

Appeal    from   confirmation   of   assessment 250 

Appeal   in   condemnation   proceedings 271 

Confirmation  of  award  in  condemnation  proceedings 270 


134  INDEX. 

Section. 

NOTICE— Cent. 

Condemnation    proceedings 270 

Damage    claims 184 

Elections     23 

Referendum    139 

Hearing  on  order  for  local   improvements 241 

To    officers    elected 9,  49 

To  ofificers  sought  to  be  recalled Z^ 

For   payment   of  assessments 260 

Petition  to  vacate  street,  etc 129 

Proceedings  to  confirm  assessment 246 

Proceedings  for  removal  from  office 28 

Sale   of   buildings   on    lands   condemned 274 

Special    council    meetings Ill 

NUISANCES,   abatement 233.   ^72^  27 A 

Powers   of  council 132,  233 

NURSES,    for    schools 386 

OATHS— 

Authority  to  administer,  civil   service   commissioner 106 

Commissioner  of  public   safety 3S2a 

Officers 48 

OFFICERS— 

Annual  statement  to  purchasing  agent 292 

Appointment 475 

Bonds     51 

Civil    service 98  109a 

Comptroller's    accounts 71 

Creation   of  new   salaried   officers   prohibited 133 

Deputies,     bonds 51 

Bonds  to  cover  acts  of 51 

To  devote  entire  tiriie  to  service  of  city 45 

Elections    4-28 

Estiimates  of  expenditures 200 

Extra    compensation 47,  53 

Failure   to   qualify 50 

Failure  to  use   forms 69 

Fees,   payment    into    treasury 89 

Forfeiture  of  ofifice,  failure  to  furnish  bond 51 

General    duties 53 

Harbor    ofificers , 449 

Hours    of    labor 53 

Incurring  liability  beyond  appropriation 205 

Interest  in  contracts,  etc 473 

Notice   of  election 9,  49 

Oaths    ,  . 48 

Recall    elections < 28b  42 

Receiving  interest   on   city  deposits 193 

Removal  from   office 28,  497 

Reports    to    comptroller 75 

Resignation   after  filing  of  recall   petition 34 

Salaries     45 

Council  to   fix 45,  46 

Limitatioui   of   amount 4=; 

Uniformity   in   department 53 

Termination   of   terms 44 

Terms  of   ofifice 23 

To    be    voters 109a 

Vacancies     27 

Failure   to   qualify 50 


INDEX.  135 

Section. 

OPTIONS— for  purchase  of  lands 303 

ORDERS-- 

Confirming    local    assessments 247 

For   local   improvements 240-242 

Payment,    surrender ^3 

ORDINANCES— 

Administrative     118 

Appropriations     117 

Approval    or   veto 122 

Defined     118,  145 

Enacting!    clause 117 

Enactment     117,  120 

Effect  of  amendinent  of  charter 474 

Fixing  salaries  of  ofificers  and  employes 46 

Initiative    and    referendum 134-148 

Mode   of  action   by  council 116 

Passage  over  veto 121,  122,  204 

Printed   compilations  as   evidence 185 

Publication     123 

Publication   in  volumes 124 

Repeal  of  ordinances  approved  by  voters 141 

Repeal   of  referendum 137 

Revisijon     125 

Subject-matter   and   title 117 

Time   of  taking   effect 137 

Veto     121 

Veto  of  terms 204 

Votes    necessary 120 

PARENT  AND  CHILD,  compensation  to  minor  children  of  policemen 

killed    in    service 355 

PARKS  (See  Commissioner  of  Parks,  Playgrounds  and  Public  Buildings.) 

Acquisition   of  lands   for 233,  419 

Beyond   city   limits .  ._ 428 

Advisory    Board 439 

Alienation   of  lands  prohibited 423 

Bureau  of  construction  and  repairs 327.  328 

Commissioner  of  parks,  playgrounds  and  public  buildings 4x8-439 

Control     of 418 

Employes,     appointment 426 

Funds,    accounts i- 425 

Expenditures    from 418,  421 

Tniuries  from  defects,  notice  of  claim  for  damages 184 

Laying  of  sewers,   etc 427 

Lighting    441-443 

Police    ofificers 366.  426 

Powers    of    council 23'^ 

Privileges,    lease 4x8 

Regulation  of  shores  of  lakes,  streams  and  ponds 422 

Rules    governing 424 

PARK  WAYS— 

Acquisition  of  lands  for ^ip 

Beyond   city   limits _j28 

Bureau   of   sanitation 7  332 

Control'    of I  jg 

Laying   of    sewers,    etc 427 

PATENTS'.  Durchase  of  patented  articles 200 

PAVING  PLANTS,  powers  of  council 107 

PAYMENT,  water  rates [  459 


136  INDEX. 

Section. 

PEACE  OFFICERS— 

Commissioner  of  public  safety  as  chief  officer 356 

Councilmen    357 

Mayor    357 

PENALTIES  (See  Fines  and  Penalties.) 

PERMITS— 

For    buildings 436 

To  public  utility  owners  or  operators 444 

In  streets,  powers  of  commissioner  of  public  works 347 

PERSONAL  INJURIES,  employes  in  department  of  public  safety 355 

Reports   by  police   officers 361 

PETITION— 

Initiative     13S 

Presentation    12-18 

Recall     elections 29-33 

Referendum     ' 135 

Remonstrance    against    local    improvements 243 

Vacation  of  streets,   etc 129 

PHYSICIANS  AND  SURGEONS— 

Appointment  as  health  officers 372 

Medical   inspectors    for  schools 386 

Police    surgeon,    appointment,    compensation 356 

Reports  of  births  and  deaths 373 

Reports  of  contagious  diseases 373 

PLAT   COMMISSION,   appointments    468 

Laws   continued   in   force 466 

PLAYGROUNDS'    (See    Commissioner    of    Parks,    Playgrounds    and    Public 
Buildings.) 

Acquisition   of   lands   for 233,  419 

Beyond    citj'-    limits 428 

Advisory    Board 439 

Commissioner  of  parks,  play  grounds  and   public  buildings 418-439 

Control    of 418,  438 

Funds,    expenditures 418 

Laying  of  sewers,  etc 427 

Lighting    441-443 

Police   and   employes 426 

School    play    grounds 482 

PLEADINGS,  on  appeal   in   condemnation  proceedings 271 

POLICE— 

Appointment,    compensation 3S6 

Appointment  of  women 356 

Bureau,    compensation 356 

Detail  of  members  for  work  under  direction  of  county  attorney.  .  .  .  364 

General    duties 361 

Gratuities   to    members 365 

Members   as  peace  officers 357 

Bureau  of  police  and  fire  alarm  telegraph  composition 381 

Powers   and   duties 382 

Chief,    appointment 366 

Powers   357 

Salary     _. _ 45,  356 

Districts,  precincts   and  stations 353 

Eligibility     360 

Enforcement   of  rules   concerning  truants 397 

Gratuities     365 

Injuries  or  death  in  service 355 

Municipal    court    officers 35^ 

Park    police 366,  426 


INDEX.  137 

Section. 
POLICE— Cont. 

Police  powers  of  members  of  bureau  of  fire  protection 368 

Powers    357 

Powers   of  health   ofificers 375 

Salaries  of  incapacitated  police  officers 52 

Special    policemen    and    watchmen 35° 

Transportation  on  street  railroads 1^5 

Workhouse    employes 33^ 

POLICE   AMBULANCE,  equipment   and   maintenance 353 

POLICE    DISTRICTS,   establishment 353 

POLICE  SURGEONS,  appointment,  compensation 356 

Certificate  of  disability  of  firemen  or  police  officers 52 

POLITICAL  ACTIVITY,  civil  service  officers  and  employes 108 

POLITICAL  AFFILIATIONS— 

Acceptance  of  candidacy  not  to  disclose 16 

Civil    service 107 

Voters  ajt  recall  election  not  to  be  questioned  as  to 39 

POLITICAL  PARTIES,  designation  on  ballots  prohibited 20 

POPULATION,  per  capita  limitation   of  expenditures 201 

For    schools 394 

POUNDS,  powers  of  council ._ 127 

POWER,  control  of  commissioner  of  public  utilities 444 

PRECINCTS',  police  and  fire  precincts "  353 

PREFERENCE,  hearings  on  appeal  in  condemnation  proceedings 271 

PREMIUMS,  on  official  bonds 51 

PRINTING— 

Annual   report   of   comptroller 7Z 

Monthly    statement    of   comptroller 74 

Orinances     123 

PRIORITIES,  liens  for  assessments  and  taxes 259 

PRISONERS,    work-house 335-345 

PRISONS,  reports  to  bureau  of  health 373 

PRIVILEGES,  to  public  utility  owners  or  operators 444 

In  streets,  powers  of  commissioner  of  public  works 347 

PROCESS,   service    on    mayor 65,  183 

PROCLAMATION,   of  elections 19 

PROMOTIONS,  in  department  of  public  safety 352 

PUBLICATION— 

Bids    for    supplies 297 

Council  may  establish  weekly  paper 471 

Franchise     ordinances 153 

Notice  for  payment  of  assessments 260 

Notice  of  proceedings  to  confirm  assessments 246 

Official    publications 470 

Ordinances     123 

Resolution   vacating   streets,   etc 129 

Sale   of  buildings   on   lands   condemned 274 

PUBLIC  BATHS— 

Commissioner  of  public  safety  to  have  control  of 376 

Employes,  appointment,  compensation Z77 

Rules    378 

PUBLIC  BUILDINGS  (Seie  Auditorium,  Commissioner  of  Parks^Playgrounds 
and  Public  Buildings.) 

Acquisition  of  land  for 233 

Architect,    appointment 431 

Consulting  or  designing   architect 304 

Duties     304,  434 

As    superintendent 434 

Commissioner  of  parks,  play  grounds  and  public  buildings 418-439 

Construction    304 


138  INDEX. 

Section. 

PUBLIC  BUILDINGS— Cont. 

Inspection     435.  437 

Library    building 405 

Bonds 406 

Lig-hting    441-443 

Repairs    305 

BY-LAWS,  government  of  work-house 335 

PUBLIC  GROUNDS— 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Powers   of  council 127,  233 

Vacation     129 

PUBLIC  IMPROVEMENTS  (See  Assessments,  Public  Works.) 

Assessments     244-257 

Collection     258-268 

Deferred    installments 278 

Delinquent   assessments    or   installments 279 

Building    lines 234 

Bureau  of  construction  and  repairs 327,  328 

Certificates    of    indebtedness 278 

Changes    or   modifications 254 

Condemnation    of    property 223,  234 

Appeal     271 

Awards 269 

Confirmation     , 270 

Consummation    272 

Effect     272 

Pleadings,  appraisal,  removal 274 

Record  of  lands  condemned 273 

Report 269 

Sketch,  plan  or  profile 269 

Witnesses     269 

Contracts,    signing .- 315 

Cost   of,   how   paid 236 

Delinquent   assessment  fund 279 

Drainage    districts '  236 

Duties   of   commissioner   of   finance 240 

Final    order 242 

Intermediary    order 241 

Hearing   on 242 

Joinder  of  several  improvements 235 

Lateral  sewer,  water  and  gas  connections 236 

Non-assessible     improvements 257 

Park    districts 237 

Pending   proceedings 268 

Permanent   improvement   revolving  fund 278 

Petition  of  remonstrance 243 

Plans,   specifications   and   estimates 349a 

Powers  of  council 127,  2;is 

Preliminary    order 240 

On    private    property 253 

Proceeds  of  sales  of  certificates 279 

Repairs    233 

Sidewalks    280-282 

PUBLIC  LIGHTING  (See  Lighting.) 

PUBLIC    MONEYS    AND    SECURITIES    (See    Bonds,    Certificates    of    In- 
debtedness, Commissioner  of  Finance,  Comptroller,  Depositories.) 

Auditori*um     revenues 215 

Bonds     216-224 

Increase,    payment 216 

Limitation   of   indebtedness 217 


INDEX.  I3Q 

Section. 
PUBLIC  MONEYS  AND  SECURITIES— Cont. 

Payment     83 

Water    supply 217,  464 

Custody     187 

Diversion   of  moneys   prohibited 90 

Eestimate    of    revenues 200 

Expenditures,  budget  estimates 200 

Comptroller's    report    of   estimates 202 

Council    to    fix   amount 203 

Emergency    fund 200 

Limitations     201.  205 

Particular  funds,  assessments  for 200 

Per   capita   limitations 201 

Temporary    loans ' 205 

Unexpended    balance 207,  209 

Veto  of  items  of  ordinance 204 

Financial    forms 6g 

Fiscal    year 70 

Investment  of  surplus  in  purchase  of  tax  levy  certificates 232 

Library    revenues 215 

Loans    187,  205 

Miscellaneous    receipts 210 

Revenues  of  water  department  to  be  kept  separate 214 

School    revenues 215 

Tax    levy    certificates 225-232 

Transfer  of  funds 20S 

Unexpended   balance ■. 207,  209 

PUBLIC  NOTICE  (See  Notice.) 

PUBLIC  PARKS  (See  Parks.) 

PUBLIC  PROPERTY— 

Adverse   possession   against   city 256 

Custody,    preservation,    etc 354 

Powers    of    council 127 

PUBLIC  SAFETY  (See  Commissioner  of  Public  Safety.) 

Bonds   of  ofificers  and   employes 352 

Bureau    of    fire    protection .367-371 

Additional     duities 371 

Commissioner  as  ex-ofiicio  fire  marshal 367 

Commissioner  as  head  of  bureau 367 

Composition     367 

Eligibility     370 

Fire  chief,  assistants,  etc 367 

Fire    chief,    powers 369 

Police    powers 368 

Bureau   of   general    administration,    composition 383 

Powers   and   duties 384 

Bureau  of  health ;^72-;i7S 

Composition     372 

Employes,    police,    powers 375 

General    powers ^j^ 

Nuisances,     removal 374 

Bureau  of  police  and  fire  alarm  tlegraph.  composition "T 381 

Powers    and    duties ' 382 

Bureau   of   police 356-371 

Composition     356 

Details  of  work  under  direction  of  county  attorney 364 

Disposition    of   weapons 362 

Eligibility 360 

General    duties 361 

Gratuities     . .  . .  ; 365 


140  INDEX. 

Section. 

PUBLIC  SAFETY— Cont. 

License    inspector 359 

Lost  or   stolen  property 360 

Municipal   court   officers 358 

Park    police •. 366,  426 

Powers  of  police 357 

Composition    of    department 350 

Control   of   department 350 

Department    established 350 

Emplo3'-es,    temporary    transfer 351 

Food    inspection 379 

Hotels    and    restaurants 379 

Injuries   and   death    in    service 355 

Inquiries    by    commissioner 352a 

Public    baths 375-378 

Public   comforts    station 380 

PUBLIC  SERVICE  CORPORATION,  (See  Franchise.) 

Franchises     149-175 

PUBLIC  UTILITIES.  (See  Commissioner  of  Public  Utilities.) 

Access  to  books,  etc.  of  holders,  operators,  etc 444 

City    lighting 441-443 

Citj--    markets - 448 

Cit}'    testing    laboratories 447 

Commissioner    440-449 

Commissioner  to  control ' 444 

Levees    and    harbors 449 

Report  of  commissioner 44S 

PUBLIC  WORKS,  (See  Commissioner  of  Public  Works.) 

Bureau  of  bridges,  composition 329 

Duties    ^ 330 

Bureau  of  construction  and  repairs,  composition 327 

Duties    328 

Superinlcndent.    ;ppointment 346 

Bureau   of  corrections 335-345 

Administration     335 

Agreements  of  county  board 341,  342 

Compensation  for  care  of  prisoners 344 

Compensation  of  sheriff  for  board  of  prisoners 345 

Diminution    of    sentences 338 

Duties  of  sheriff,  etc 343 

Employes    336 

Escapes     340 

Sentence  to  ■vvork-house 339 

Superintendent     S37 

Work-house     335 

Bureau   of  engineers 325,  326 

Chief    engineer,    appointment 346 

Composition     325 

Duties'    326 

vSurveyors.    etc.,    appointment 346 

Bureau  of  general  administration,  composition 333 

Duties 333,  334 

Bureau  of  sanitation,  composition 331 

Duties    332 

Employes,    appointment • 346 

Superintendent,    appointment 346 

Bureaus     324 

Appointments    by    commissioner 346 

Department,    bureaus 324 

Commissioners  to  have   control   of 324 


INDEX.  141 

Section. 

PUBLIC  WORKS— Con t. 

Establishment,    composition 324 

Employes,    duties 34^ 

Transfer    347 

General  powers  and  duties  of  commissioner 347 

Injuries  from   defects,  notice  of  claim  for  damages 184 

Plans,    specifications    and    estimates 349^ 

Rules    and    regulations 349 

PURCHASING  AGENT— 

Accounts     295 

Advertisements,   bids   and   awards 297 

Appointment     283 

Assistants    and    employes 284 

Bond     51 

Claims    for    supplies 95 

Custod}^  of  standards  or  samples 296 

Deputy,   appointment,   duties,   compensation 284 

Filing    bids 312b 

General    powers 285 

Gratuities     .306 

Member  of  Commission  to  standardize  supplies 296 

^lember  of  committee  on  lands 303 

Other    duties 295 

Priqe    record 294 

Purchase  of  niatena]'.  for  public  work 349a 

Purchase  of  standard  articles   293 

Rejection  of   bids 298 

Sale  of  goods  manufactured  at  work-house 335 

S'ale    of    materials 301 

PURCHASING  DEPARTMENT— 

Advertisements,    bids    and .  awards 297 

Annua)  strtcnient  <  ^  supplies 292 

Appropriation    limits 286 

Awards    of   contracts 299 

Bulk,    buying 289 

Commission    to    standardize    supplies 296 

Compulsory    requisites 288 

Condemnation    of    lands 303 

Contracts    297 

Contracts  let  .to  lowest  bidder 308 

Council    regulations 307 

Erection    of   buildings 304 

Establishment     283 

Inspection    of    goods 300 

Permanent   improvement   and    repairs 302 

Purchase    of    lands 303 

Purchase  of  patented  articles 290 

Purchases    in    emergencies 291 

Repair    of   buildings ; 305 

Requisitions     287 

QUARANTINE,  powers  of  health   ofificers 373 

QUARRIES,    general    powers    and    duties    of    commissioner    of    Public 

Works    347 

RAILROADS— 

City  exempt  from  liability  from  railroad  accidents 128 

Petition    for    construction 160 

Quarantine   of  trains 273 

READING  ROOMvS^ 

Free    use 407 

Powers  of  commissioner  of  education 400 

Reports    to    council 408 


142  INDEX. 

Section. 

RECALL,    elections 28b-42 

RECEIPTS,   for   payments    into   treasury 78 

RECORDS— 

Of  deeds  where  city  is  party 186 

Of   commissioner   of  .finance ^94 

Of  council,  boards,  etc 472 

As     evidence i°5 

School   attendance,   teachers 395 

REFERENCE,    municipal    reference    library 480 

REGISTER  OF  DEEDS,  record  of  lands   condemned 273 

Record  of  resolution  vacating  streets,  etc 129 

REGISTRATION,    vital    statistics 373 

RELEASE,  of  claim  for  injuries  to  firemen  or  police  officers 52,  355 

Surety  on   bonds   of  contractors 320 

REMONSTRANCE,   against   local   improvements 243 

REMOVAL— 

Buildings   on  lands   condemned 274 

Cduncilimen     59 

Non-elective   officers   and   employes 60 

Officers  and  employes  by  heads  of  departments 477 

Officers,    reappointment 42 

REPORTS— 

Annual    report   of  comptroller TZ 

Annual  reports  to  council  as  to  administration  of  auditorium 417 

Of  commissioner  of  public  utilities 445 

To  comptroller  as  to  fees 89 

To   comptroller  as  to  parks,  etc 425 

To  council   as  to  public  libraries,   etc 408 

To  Mayor  by  civil  service  commissioner loi 

Of  officers  to  comptroller 75 

Of   police    officers 361 

Of  school   records  to  mayor  and   comptroller 395 

RESERVOIRS,  bureau  of  construction  and  repairs },2-/ .  z^'^ 

RLSKiNATlON.  after  filing  of  recall  petition 34 

Of   Officers,   reappointment 42 

RESOLUTIONS— 

Vacation    of    streets T29 

Effect  c-f  amendment  of  charter 474 

Enactment    119 

Mode  of  action  by  council 116 

Publication     123 

Veto I2T 

Votes     necessary 120 

RESTAURANTS,    inspection 379 

REWARDS,  to  members  of  bureau  of  police 365 

RIOTS,   powers   of  police 357 

SALARIES— 

Accountant     7- 

Architect     43i 

Assistant    fire    chief 367 

Auditor I^ 

Bookkeeper    .' 72 

Building   inspectors .431,  432 

Chief    engineer 325 

Chief    of    police 35^ 

Civil     engineer 72 

Comptroiler^s    \assistants 72 

Deputy    commissioner   of    finance 188 

Deputy    comptroller 72 

Extra    compensation 47 


INDEX.  143 

Section. 

S.\L.\R1ES— Cont, 

Fire    chief 307 

Health    officers 11- 

Incapacitated   rtremcii   nr  police   officer.s 52 

Increase   by   council   prohibited I33 

Librarian     401 

License     insinctor 350 

Mayor    66 

Mayor's    clerical    assistants 66 

Maj'or's    secretary 66 

Officers     45 

Officers   not  fixed   by  charter 46 

School    employes •  •  •  3°7 

Secretary  to  commissioner  of  parks,  play  grounds  and  public  build- 
ings       425 

Superintendent    of    parks 425 

Superintendent   (if   school   buildings 39i 

Superintendent    of    schools 389 

SALES— 

Buildings   on   lands    condemned 274 

Certificates  of  indebtedness 225.  228,  229.  231,  278 

City    markets 448 

To  city,  interest  of  officers  and  employes 473 

Franchises    1/2 

Goods  manufactured  at  workhouse 335 

Local   improvement   certificates 267 

Lost  or  stolen   property 363 

Materials   by   purchasing   agent 301 

Purchasing   department 283-307 

Text-books     386 

Weapons     362 

SANITATION,  bureau  of  sanitation 33i.  '}^?^^ 

SCHOOL  PROPERTY,   control   of .385 

SCHOOLS,   (See  Commissioner  of  Education.) 

Advisory    school    inspectors 398 

Board  of  school   inspectors   to   turn   over  property   to   commissioner 

of    education 388 

Board  of  teachers,  election  and  powers 399 

Buildings,  acquisition  of  lands  for 233 

Repairs    396 

Sites    for 396 

Superintendent     39^ 

Commissioner   of  education 38S"4I7 

Contracts  of  board  of  school  inspectors 388 

Courses    of    study 386 

Employes,    appointment 386 

L'utic-  :ini.l   salaries 387 

Establishment 386 

Limitation  of  cost  per  capita 394 

Officers  and  employes 386 

Play    grounds • 482 

Principals    and    teachers,    appointment,    removal 39° 

Records     - 395 

Rules    governing 393 

Probationary     appointment 390 

Records     395 

Reports  to  bureau  of  health T^IZ 

Revenues     215,  394 

Superintendent,   appointment,   terms,    salary 389 

Assistants     .390 


144  INDEX. 

Section. 

SCHOOLS— Cont. 

Eligibility 386 

Superintendent  of  school  buildings,  appointment,  salary 391 

S'upiMvii^ors,    appointment 390 

Supplies    396 

Text-books     386 

Truants,    rules    affecting 397 

SEALS— 

Certificates    of    indebtedness 230 

City    bonds 224 

Contracts   and   leases 3^6 

SECURITIES,  (See  Public  Money  and  Securities.) 

Investment   of   sinking  fund 221 

Deposit  by  city  depositories 190 

Records    of    commissioner    of   finance 194 

SEWERS,  (See  Public  Improvements.) 

Apportionment     of    cost 236 

Bureau  of  construction   and  repairs 327.  328 

Bureau   of   sanitation 33^ 

Lateral    connections 238 

Laying  through   parks,    etc 427 

Powers   of  council 233 

SH.A.DE  TREES,  powers  of  council 233 

SHERIFFS,  compensation  for  board  of  prisoners 345 

Conveyances  of  prisoners  to  workhouse 343 

SIDEWALKS,  (See  Public  Improvements.) 

Assessments    281 

Bureau  of  construction  and  repairs ;  .327,  328 

Duties   of   police    officers 361 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Orders 280 

Powers    of    council 233 

Private    laying 282 

Proposals     j 280 

SINKING  FUND— 

How    constituted 219 

Income    222 

Investments     221 

For  payment  of  bonds 216 

SINKING  FUND  COMMITTEE— 

Approval   of  bonds   of  depositories i88a 

Approval  of  form  of  certificates  of  indebtedness 230 

Designation    of    depositories l88a 

Form    of   bonds 224 

Membership    62,  85  220 

Negotiation  of  refunding  bonds 217 

Purchases  and  sales 223 

Powers   and   duties 220 

Sale  of  certificate  of  indebtedness 225,  229 

Withdrawal   of   deposits 191 

SMALLPOX,  power  of  health  officers 373 

SMOKE,  ab;:tement  of  smoke  nuisance 450 

SPECIAL  COUNSEL,  appointment,  compensation 178 

SPECIAL  POLICEMEN,  appointment,  compensation 356 

SPRINKLING  PLANTS,  assessment 277 

Powers   of   council 127 

STANDARDS,    (supplies 296 

STATE   ROADS,  vacation 129 

STATIONS,  police  and  fire  stations 353 

Public    comfort    stations 380 


INDEX.  145 

Section. 

STATUTES— 

■  Effect  of  amendment  of  charter 474 

General   laws    applicable  to   elections 8 

General  laws  applicable  to  recall  elections 40 

STOCKHOLDERS,  of  banks  as  sureties  on  bonds  of  depositories i88a 

STOLEN  PROPERTY,  disposition  bv  commissioner  of  pubic  safety.  .  363 

STREET  RATROADS— 

Control  of  commissioner  of  public   utilities 444 

Cost    of    bridges 164 

Elevation  or  depression  of  tracks 167 

Regulation   of   service 167 

Street  maintenance   duties 161 

Transportation    of    firemen,    etc 165 

STREETS,  (See  Franchises.) 

Acquisition  of  lands  for 233 

Care  of  grass   plots 429 

Care   of  trees 430 

Council  may  place  under  supervision  of  commissioner  of  parks,  play 

grounds  and  public  buildings 420 

Building    lines 234 

Bureau  of  construction  and  repairs 327,  328 

Bureau   of  sanitation 332 

Condemnation    of   lands   for 233,  234 

Cost  of  intersections  and  cross-walks 235 

Franchise     149-175 

Gcncr;:l  powers  and  duties  of  commissioner  of  public  works 347 

Grades,    charge 233 

Injuries  from  defects,  notice  o  fclaim  for  damages 184 

Maintenance,   sprinkling,   etc.,  by  street   railroads 161 

Paving 233 

Powers  and  duties  of  commissioner  of  public  works 347 

Powers    of    council 128 

Vacation     129 

STREET  SPRINKLING— 

Appropriations     275 

Assessmients     276 

Municipal    sprinkling    plant 277 

Cost,  account  of 275b 

Municipal   sprinkling  plant 127,  277 

By    street    railroads 161 

Tax    levy 275 

Water    supply 27:5a,  460 

SUBSCRIPTIONS— 

For    auditorium 416 

For  library   fund 405 

For    official    newspaper 471 

SUPERINTENDENT  OF  AUDITORIUM,  appointment 413 

Bond     51 

SUPERINTENDENT    OF    BUREAU    OF    SANITATION,   appoint'- 

"^^t .331,  346 

Compensation 331 

SUPERINTENDENT    OF    CONSTRUCTION    AND    REPAIRS." ap-  '' 

pointment 327  ^aS 

SUPERINTENDENT  OF  PARKS—  ^ 

Appointment    ."] 425 

Bond     51 

Duties     425 

Eligibility 425 

Salary     _^2S 


146  INDEX. 

Section. 

j:upkrintendent  of  police  and  fire  alarm    tele- 
graph, appointment,   compensation 381 

SUPERINTENDENT     OF     SCHOOL     BUILDINGS',     Appointment, 

salary     39i 

SUPERINTENDENT  OF  SCHOOLS— 

Appointment     389 

Assistants,    appointment 390 

Eligibility     389 

Salary     45,  389 

Term  of  office 389 

SUPERINTENDENT  OF  WORK  HOUSE,  appointment 33^^ 

Duties 337 

SUPPLIES,  purchase,  claims  for 95 

Purchasing  department    283-307 

SUPREME  COURT,  appeals  to,  from  confirmation  of  assessment 250 

SURETIES— 

Bonds  of  contractors 320 

Bonds  of  depositories i88a 

Official    bonds 5i 

SURGEONS,  appointment  by  commissioner  of  public  safety 35^ 

SURVEYORS— 

Appointment     346 

Bureau    of    engineers 325 

To  devote   entire  time  to  service  of  city 348 

SURVEYS,  powders  and  duties  of  commissioner  of  public  works 347 

SUSPENSIONS,    department    of   public    safety 352 

TAXATION— 

Assessment,   laws    continued   in   force 469 

Board  of  Equalization,  city  representative 479 

Mayor  as  a   ijiember 63 

Cost  of  removing  nuisances 374 

For    emergency    loans 206 

Exemptions,  powers  of  council '^33 

Gross  earnings,  franchise  taxes I54 

For  interest  and  sinking  fund  for  bonds 216 

Levy     212 

Copy   for   county   auditor 213 

Liens,  rank  of  tax  and  assessment  liens 259 

Payment  to  city  by  county  treasurer 198,  199 

Property    subject 211 

For   public   libraries ■    •  •  412 

School    taxes 394 

For  street  sprinkling , 275 

Tax    levy    certificates 225-232 

Water  frontage   tax _. 461 

TAXPAYERS,  action  to  recover  compensation  paid 105 

TEACHERS— 

Appointment     386,  390 

Board  of  teachers,  election  and  powers 399 

Probationary    appointment 390 

Records     395 

Rules    governing 393 

Training    schools 386 

TELEGRAPHS  AND  TELEPHONES— 

Bureau  of  police  and  fire  alarm,  telegraph 381,  382 

Conduits,  powers   of  council 233 

Control   of  commissioner  of  public   utilities 444 

Employes  of  police  and  fire  alarm  telegraph,  injuries  to  or  death  of 

in  service    355 

Poles  and  conduits 166 


INDEX.                          .  147 

Section. 

TEXEMEXT   HOUS'ES.  inspection 379 

TERRITORIAL   ROADS,   vacation 129 

TEXT  BOOKS,  duties  of  commissioner  of  education 380 

THEATERS,  reports  to  bureau  of  health 373 

TITLE,    ordinances ^H 

TR\TXIXG  SCHOOLS  FOR  TEACHERS,  estabhshment 3^6 

TREASURER—  ^ 

Business     hours °/ 

Comptroller  and  treasurer  to  act  in  harmony oi 

Daily  report  to  by  comptroller ^o 

Office  of  city  treasurer  abolished • ^9o 

Securities  in  hands  of,  examination  by  mayor  and  comptroller o5 

TREASURY.  (See  Commissioner  of  Finance.  Comptroller.) 

Commissioner  of  finance  io  have  control  of 187 

Comptroller  to  check  daily 79 

Deposit  of  profits  of  sales 30i 

Fees  payable  to.  daily ^ 

Payments  from  by  check • 7° 

Payments  from,  taking  up  evidence  of  indebtedness ©3 

Receipts  for  payments  into 7^ 

TREES,  planting  and  care  of  along  streets 430 

TRUANT    OFFICERS,   appointment 3f^ 

TRUANT  SCHOOLS,  establishment 3^o 

TRUSTS,  administration  of  public  trust 4io 

UNIF0R:MITY,   water   rates 459 

VACATION,  of  streets,  public  grounds,  etc 129 

V\CClNATION,  powers  of  commissioner  of  public  safety 373 

VETO— 

Appropriation     ordinances ^-'- 

Itf^ms    of    ordinances -"4 

Ordinances     ^-^ 

VITAL  STATISTICS,  powers  and  duties  of  bureau  of  health 373 

WAIVEK,   notice  of  council   meetings n^ 

V/ARDS,    boundaries,    change 3 

WARRANTS,  p-wers  of  park  police 426 

WATCH  MAX.   appointment,   com,p,ensation 35'J 

WATER  1"^  EPA  1-:  TIME  NT- 
Board   of  water  commissioners,  actions 453 

City    department 452 

Composition    44°,  45i 

Contracts    450 

Fixing  compensation  of  officers  and  employes 457 

Funds  and  expenditures 45° 

Laws     governing 452 

Seal     453 

Bond     5T 

Bonds 217.  404 

Bureau  of  constructio^n  and  repairs 3^7'  328 

Commissioner  of  public  utilities  to  have  chare  of 44° 

Creation     45^ 

Employes,    employment 45" 

Frontage    tax 461 

Lateral    connections 238 

Officers  and  employes,  terms  and  compensation 457 

Powers    of    council -^ 403 

Revenues    keot    separate 214 

Rules  for  use  and  distribution  of  water 459 

Supply   to   city 4^0 

Water  mains,  change  of  street  grades 462 

Laying  through  parks,  etc 42" 

Water    rates 459 


148  INDEX. 

Section. 

WATER  AND  WATER  COURSES— 

Jurisdiction  over,  of  commissioners  of  public  safety 373 

Powers  of  commissioners  of  parks,  play  grounds  and  public  buildings  422 

Regulation  of  shores 422 

WEAPONS,  disposition  by  commissioner  of  public  safety 362 

WHARVES',  Control  of  commissioner  of  public  utilities 449 

Powers    of    council 127 

WIDOWS,  compensation  to  widows  of  policemen,  etc.,  killed  in  service.  355 

WITHDRAWAL,   of  candidacy _. 16 

Of  signatures  from  certificate  of  presentation 14 

WITNESSES— 

Compelling  attendance,  civil  service  commissioner 106 

Commissioner  of  public   safety 352a 

Competency  of  inhabitants 182 

Condemnation    proceedings 269 

Oaths     106 

WOMEN,  appointment  as  police  officers 356 

WOODS  AND  FORESTS,  care  of  trees  along  streets 430 

City    forester 430 

WORDS  AND  PHRASES— 

Buildings     437 

Independent    school    district 388 

Ordinance    118,  145 

School  district  of  the  city  of  St.  Paul 388 

Special  school  district 388 

Unexpended    balance 2og 

WORKHOUSE— 

Administration    335 

Agreements  with  county  boards  for  confinement  of  prisoners.  .  .341,  342 

Commitments    180 

Compensation  for  care  of  county  prisoners 344 

Compensation  of  sherifif  for  board  of  prisoners 345 

County    prisoners 341-344 

Diminution    of    sentences 338 

Duty  of  sherifif  to  convey  prisoners  to 343 

Escapes     340 

Establishment    authorized 131 

Forfeiture  of  good  time  allowances 338 

Fund,  proceeds  of  sale  of  goods  manufactured 335 

Officers,  guards  and  employes,  appointment 336 

Prisoner's  restoration  to  rights  of  citizenship 338 

Requisition  for  machinery,  materials,  etc 335 

Rules  and  regulations 335 

Sale  of  goods  manufactured  at 335 

Sentences   to 339 

Superintendent,    appointment 336 

Duties    : 337 

Executive   officer 337 

Residence     337 


UNIVERSITY  OF  CALIFORNIA  AT  UOS  ANGELES 
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A8  Charters  - 


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